{"id":"qld:sl-2019-0155","name":"Environmental Protection Regulation 2019","slug":"environmental-protection-regulation-2019","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"155 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174744,"registerId":"qld-qld:sl-2019-0155-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.4","sectionType":"section","heading":"Types of project requiring Commonwealth or State authority approval","content":"### sec.4 Types of project requiring Commonwealth or State authority approval\n\nA project is prescribed for section 37 (1) (f) of the Act if—\nthe Commonwealth Minister has, under the Commonwealth Environment Act , chapter 4 , part 8 , division 3 —\ndecided an accredited assessment process must be used for assessment of the relevant impacts of the project; and\ngiven notice of the decision; or\nthe relevant impacts of the project are to be assessed under a bilateral agreement.\ns 4 amd 2020 Act No. 26 s 118 sch 1\n- (a) the Commonwealth Minister has, under the Commonwealth Environment Act , chapter 4 , part 8 , division 3 — (i) decided an accredited assessment process must be used for assessment of the relevant impacts of the project; and (ii) given notice of the decision; or\n- (i) decided an accredited assessment process must be used for assessment of the relevant impacts of the project; and\n- (ii) given notice of the decision; or\n- (b) the relevant impacts of the project are to be assessed under a bilateral agreement.\n- (i) decided an accredited assessment process must be used for assessment of the relevant impacts of the project; and\n- (ii) given notice of the decision; or","sortOrder":1},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"EIS process","content":"# EIS process","sortOrder":2},{"sectionNumber":"sec.5","sectionType":"section","heading":"Application of part","content":"### sec.5 Application of part\n\nThis part and schedule 1 apply to a project mentioned in section 4 .\nFor a project mentioned in section 4 (a) , a step or action taken under the EIS process, before a notice mentioned in section 4 (a) is given, is taken to be a step or action that complies with this part.\n(sec.5-ssec.1) This part and schedule 1 apply to a project mentioned in section 4 .\n(sec.5-ssec.2) For a project mentioned in section 4 (a) , a step or action taken under the EIS process, before a notice mentioned in section 4 (a) is given, is taken to be a step or action that complies with this part.","sortOrder":3},{"sectionNumber":"sec.6","sectionType":"section","heading":"Prescribed matters for draft terms of reference— Act , s 41","content":"### sec.6 Prescribed matters for draft terms of reference— Act , s 41\n\nThe draft terms of reference for an EIS must include the matters necessary for ensuring—\nthe project’s relevant impacts are assessed under the EIS; and\nthe assessment of the project under the EIS—\ngives enough information about the project and its relevant impacts to allow the Commonwealth Minister to make an informed decision whether to approve the project under the Commonwealth Environment Act ; and\naddresses the matters mentioned in schedule 1 .\n- (a) the project’s relevant impacts are assessed under the EIS; and\n- (b) the assessment of the project under the EIS— (i) gives enough information about the project and its relevant impacts to allow the Commonwealth Minister to make an informed decision whether to approve the project under the Commonwealth Environment Act ; and (ii) addresses the matters mentioned in schedule 1 .\n- (i) gives enough information about the project and its relevant impacts to allow the Commonwealth Minister to make an informed decision whether to approve the project under the Commonwealth Environment Act ; and\n- (ii) addresses the matters mentioned in schedule 1 .\n- (i) gives enough information about the project and its relevant impacts to allow the Commonwealth Minister to make an informed decision whether to approve the project under the Commonwealth Environment Act ; and\n- (ii) addresses the matters mentioned in schedule 1 .","sortOrder":4},{"sectionNumber":"sec.7","sectionType":"section","heading":"Prescribed matters for TOR notice and EIS notice— Act , ss 42 and 52","content":"### sec.7 Prescribed matters for TOR notice and EIS notice— Act , ss 42 and 52\n\nFor sections 42 (2) (f) and 52 (1) (g) of the Act , the following matters are prescribed—\nthe project’s title and location;\nthe name of the proponent for the project;\nif the proponent and designated proponent for the project are not the same entity—the name of the designated proponent;\nany matter protected for the project.\nIn this section—\nmatter protected means a matter protected that is mentioned in the Commonwealth Environment Act , section 34 and protected by a controlling provision for the project.\n(sec.7-ssec.1) For sections 42 (2) (f) and 52 (1) (g) of the Act , the following matters are prescribed— the project’s title and location; the name of the proponent for the project; if the proponent and designated proponent for the project are not the same entity—the name of the designated proponent; any matter protected for the project.\n(sec.7-ssec.2) In this section— matter protected means a matter protected that is mentioned in the Commonwealth Environment Act , section 34 and protected by a controlling provision for the project.\n- (a) the project’s title and location;\n- (b) the name of the proponent for the project;\n- (c) if the proponent and designated proponent for the project are not the same entity—the name of the designated proponent;\n- (d) any matter protected for the project.","sortOrder":5},{"sectionNumber":"sec.8","sectionType":"section","heading":"Prescribed way for publishing TOR notice and EIS notice— Act , ss 51 and 558","content":"### sec.8 Prescribed way for publishing TOR notice and EIS notice— Act , ss 51 and 558\n\nFor sections 51 (2) (b) (ii) and 558 (3) of the Act , a TOR notice and an EIS notice must be published—\nin a newspaper circulating throughout Australia; or\nin each State or Territory in a newspaper circulating generally in the State or Territory.\n- (a) in a newspaper circulating throughout Australia; or\n- (b) in each State or Territory in a newspaper circulating generally in the State or Territory.","sortOrder":6},{"sectionNumber":"sec.9","sectionType":"section","heading":"Prescribed matters for EIS assessment report— Act , s 59","content":"### sec.9 Prescribed matters for EIS assessment report— Act , s 59\n\nFor section 59 (e) of the Act , the following matters are prescribed—\na description of the following—\nthe project;\nthe places affected by the project;\nany matters of national environmental significance likely to be affected by the project;\na summary of the project’s relevant impacts;\na summary of feasible mitigation measures or changes to the project or procedures to prevent or minimise the project’s relevant impacts, proposed by the proponent or suggested in a relevant submission;\nto the extent practicable, a summary of feasible alternatives to the project identified in the assessment process and the likely impact of the alternatives on matters of national environmental significance;\nto the extent practicable, a recommendation for any conditions of approval for the project that may be imposed to address impacts identified in the assessment process on matters of national environmental significance.\nIn this section—\nrelevant submission means a properly made submission under section 55 (2) of the Act or a submission accepted by the chief executive under section 55 (3) of the Act .\n(sec.9-ssec.1) For section 59 (e) of the Act , the following matters are prescribed— a description of the following— the project; the places affected by the project; any matters of national environmental significance likely to be affected by the project; a summary of the project’s relevant impacts; a summary of feasible mitigation measures or changes to the project or procedures to prevent or minimise the project’s relevant impacts, proposed by the proponent or suggested in a relevant submission; to the extent practicable, a summary of feasible alternatives to the project identified in the assessment process and the likely impact of the alternatives on matters of national environmental significance; to the extent practicable, a recommendation for any conditions of approval for the project that may be imposed to address impacts identified in the assessment process on matters of national environmental significance.\n(sec.9-ssec.2) In this section— relevant submission means a properly made submission under section 55 (2) of the Act or a submission accepted by the chief executive under section 55 (3) of the Act .\n- (a) a description of the following— (i) the project; (ii) the places affected by the project; (iii) any matters of national environmental significance likely to be affected by the project;\n- (i) the project;\n- (ii) the places affected by the project;\n- (iii) any matters of national environmental significance likely to be affected by the project;\n- (b) a summary of the project’s relevant impacts;\n- (c) a summary of feasible mitigation measures or changes to the project or procedures to prevent or minimise the project’s relevant impacts, proposed by the proponent or suggested in a relevant submission;\n- (d) to the extent practicable, a summary of feasible alternatives to the project identified in the assessment process and the likely impact of the alternatives on matters of national environmental significance;\n- (e) to the extent practicable, a recommendation for any conditions of approval for the project that may be imposed to address impacts identified in the assessment process on matters of national environmental significance.\n- (i) the project;\n- (ii) the places affected by the project;\n- (iii) any matters of national environmental significance likely to be affected by the project;","sortOrder":7},{"sectionNumber":"sec.10","sectionType":"section","heading":"Other requirements for EIS process","content":"### sec.10 Other requirements for EIS process\n\nThe chief executive must, as soon as practicable after preparing an EIS assessment report, give a copy of it to the Commonwealth Minister.","sortOrder":8},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Prescribed periods for chapter 3 of the Act","content":"# Prescribed periods for chapter 3 of the Act","sortOrder":9},{"sectionNumber":"sec.11","sectionType":"section","heading":"Period to advise chief executive about draft terms of reference— Act , s 45","content":"### sec.11 Period to advise chief executive about draft terms of reference— Act , s 45\n\nFor section 45 of the Act , the period is the later of the following periods to end—\n20 business days after the chief executive gives the proponent a copy of all comments received within the comment period;\nif the chief executive and the proponent have, within the 20 business days, agreed to a longer period—the longer period.\n- (a) 20 business days after the chief executive gives the proponent a copy of all comments received within the comment period;\n- (b) if the chief executive and the proponent have, within the 20 business days, agreed to a longer period—the longer period.","sortOrder":10},{"sectionNumber":"sec.12","sectionType":"section","heading":"Period for finalising terms of reference— Act , s 46","content":"### sec.12 Period for finalising terms of reference— Act , s 46\n\nFor section 46 (1) of the Act , the period is the later of the following periods to end—\n20 business days after the proponent gives the documents mentioned in section 45 of the Act to the chief executive;\nif the chief executive and the proponent have, within the 20 business days, agreed to a longer period—the longer period.\n- (a) 20 business days after the proponent gives the documents mentioned in section 45 of the Act to the chief executive;\n- (b) if the chief executive and the proponent have, within the 20 business days, agreed to a longer period—the longer period.","sortOrder":11},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Environmentally relevant activities—general matters","content":"# Environmentally relevant activities—general matters","sortOrder":12},{"sectionNumber":"ch.3-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":13},{"sectionNumber":"sec.15","sectionType":"section","heading":"What is the aggregate environmental score for an environmentally relevant activity","content":"### sec.15 What is the aggregate environmental score for an environmentally relevant activity\n\nThe aggregate environmental score for a prescribed ERA is the aggregate environmental score stated for the activity in the section under schedule 2 applying to the activity.\nThe aggregate environmental score for a resource activity is the aggregate environmental score stated for the activity in the section under schedule 3 applying to the activity.\nHowever, subsection (4) applies for a resource activity mentioned in schedule 3 , if—\nthe activity includes 1 or more activities mentioned in schedule 2 (each an included schedule 2 activity ) for which an AES is stated; and\nthe AES stated in schedule 2 for an included schedule 2 activity is more than the AES stated in schedule 3 for the resource activity.\nThe aggregate environmental score for the resource activity is—\nthe AES for the included schedule 2 activity; or\nif there are 2 or more included schedule 2 activities to which subsection (3) (b) applies—the AES for the included schedule 2 activity that has the highest AES stated for the activity in schedule 2 .\ns 15 (prev s 13) renum 2019 SL No. 234 s 5\n(sec.15-ssec.1) The aggregate environmental score for a prescribed ERA is the aggregate environmental score stated for the activity in the section under schedule 2 applying to the activity.\n(sec.15-ssec.2) The aggregate environmental score for a resource activity is the aggregate environmental score stated for the activity in the section under schedule 3 applying to the activity.\n(sec.15-ssec.3) However, subsection (4) applies for a resource activity mentioned in schedule 3 , if— the activity includes 1 or more activities mentioned in schedule 2 (each an included schedule 2 activity ) for which an AES is stated; and the AES stated in schedule 2 for an included schedule 2 activity is more than the AES stated in schedule 3 for the resource activity.\n(sec.15-ssec.4) The aggregate environmental score for the resource activity is— the AES for the included schedule 2 activity; or if there are 2 or more included schedule 2 activities to which subsection (3) (b) applies—the AES for the included schedule 2 activity that has the highest AES stated for the activity in schedule 2 .\n- (a) the activity includes 1 or more activities mentioned in schedule 2 (each an included schedule 2 activity ) for which an AES is stated; and\n- (b) the AES stated in schedule 2 for an included schedule 2 activity is more than the AES stated in schedule 3 for the resource activity.\n- (a) the AES for the included schedule 2 activity; or\n- (b) if there are 2 or more included schedule 2 activities to which subsection (3) (b) applies—the AES for the included schedule 2 activity that has the highest AES stated for the activity in schedule 2 .","sortOrder":14},{"sectionNumber":"sec.16","sectionType":"section","heading":"Meaning of scheduled area","content":"### sec.16 Meaning of scheduled area\n\nA scheduled area is a local government area, or the part of a local government area, mentioned in schedule 4 .\ns 16 (prev s 14) renum 2019 SL No. 234 s 5","sortOrder":15},{"sectionNumber":"sec.17","sectionType":"section","heading":"Meaning of concurrence ERA","content":"### sec.17 Meaning of concurrence ERA\n\nAn activity is a concurrence ERA if—\nthe activity is a prescribed ERA; and\nthe threshold within which the activity is carried out is stated opposite the letter ‘C’ in the relevant table.\nHowever, a mobile and temporary environmentally relevant activity is not a concurrence ERA.\nIn this section—\nrelevant table , for an activity, means the table in the section of schedule 2 that applies to the activity.\nFor when a development permit is required for a concurrence ERA, see the Planning Act .\ns 17 (prev s 15) renum 2019 SL No. 234 s 5\n(sec.17-ssec.1) An activity is a concurrence ERA if— the activity is a prescribed ERA; and the threshold within which the activity is carried out is stated opposite the letter ‘C’ in the relevant table.\n(sec.17-ssec.2) However, a mobile and temporary environmentally relevant activity is not a concurrence ERA.\n(sec.17-ssec.3) In this section— relevant table , for an activity, means the table in the section of schedule 2 that applies to the activity. For when a development permit is required for a concurrence ERA, see the Planning Act .\n- (a) the activity is a prescribed ERA; and\n- (b) the threshold within which the activity is carried out is stated opposite the letter ‘C’ in the relevant table.","sortOrder":16},{"sectionNumber":"sec.18","sectionType":"section","heading":"References to carrying out particular environmental activities in a year","content":"### sec.18 References to carrying out particular environmental activities in a year\n\nThis section applies for a prescribed ERA or a resource activity being carried out under an environmental authority.\nA reference in schedule 2 or schedule 3 to the activity being carried out in a year is a reference to the activity being carried out during—\nfor the first year of the environmental authority—the period of 1 year starting on the day the authority takes effect; or\notherwise—the period of 1 year starting on an anniversary day for the authority.\ns 18 (prev s 16) renum 2019 SL No. 234 s 5\n(sec.18-ssec.1) This section applies for a prescribed ERA or a resource activity being carried out under an environmental authority.\n(sec.18-ssec.2) A reference in schedule 2 or schedule 3 to the activity being carried out in a year is a reference to the activity being carried out during— for the first year of the environmental authority—the period of 1 year starting on the day the authority takes effect; or otherwise—the period of 1 year starting on an anniversary day for the authority.\n- (a) for the first year of the environmental authority—the period of 1 year starting on the day the authority takes effect; or\n- (b) otherwise—the period of 1 year starting on an anniversary day for the authority.","sortOrder":17},{"sectionNumber":"ch.3-pt.1-div.2","sectionType":"division","heading":"Prescribed activities","content":"## Prescribed activities","sortOrder":18},{"sectionNumber":"sec.19","sectionType":"section","heading":"Activities prescribed as environmentally relevant activities— Act , s 19","content":"### sec.19 Activities prescribed as environmentally relevant activities— Act , s 19\n\nFor section 19 of the Act , each activity to which a section under schedule 2 applies is a prescribed ERA.\nAn activity to which a section under schedule 2 applies includes the activity carried out as a mobile and temporary environmentally relevant activity, unless the section otherwise provides.\nAn activity mentioned in schedule 2 , section 50 includes an activity carried out in a relevant Great Barrier Reef Marine Park area.\nSee section 19 (1A) of the Act .\ns 19 (prev s 17) renum 2019 SL No. 234 s 5\namd 2020 SL No. 225 s 3\n(sec.19-ssec.1) For section 19 of the Act , each activity to which a section under schedule 2 applies is a prescribed ERA.\n(sec.19-ssec.2) An activity to which a section under schedule 2 applies includes the activity carried out as a mobile and temporary environmentally relevant activity, unless the section otherwise provides.\n(sec.19-ssec.3) An activity mentioned in schedule 2 , section 50 includes an activity carried out in a relevant Great Barrier Reef Marine Park area. See section 19 (1A) of the Act .","sortOrder":19},{"sectionNumber":"sec.20","sectionType":"section","heading":"Activities prescribed as extractive activities— Act , s 120","content":"### sec.20 Activities prescribed as extractive activities— Act , s 120\n\nFor section 120 (4) of the Act , definition extractive activity , the extractive and screening activities mentioned in schedule 2 , section 16 are an extractive activity.\ns 20 (prev s 18) renum 2019 SL No. 234 s 5","sortOrder":20},{"sectionNumber":"ch.3-pt.1-div.3","sectionType":"division","heading":"Development application relating to concurrence ERAs","content":"## Development application relating to concurrence ERAs","sortOrder":21},{"sectionNumber":"sec.21","sectionType":"section","heading":"Assessing development application for concurrence ERA","content":"### sec.21 Assessing development application for concurrence ERA\n\nSubsection (2) applies if a local government is the assessment manager for a development application for a material change of use for a concurrence ERA.\nEach of the following matters is an assessment benchmark for the Planning Act for the material change of use—\nan environmental objective assessment against the environmental objectives and performance outcomes stated in schedule 8 , part 3 , division 2 ;\nthe standard criteria;\nif the concurrence ERA is to be carried out in a strategic environmental area—the impacts of the activity on the environmental attributes for the area under the Regional Planning Interests Act 2014 .\nSubsection (4) applies if a local government is a referral agency for a development application for a material change of use for a concurrence ERA.\nFor the Planning Act , the local government must assess the development application against the matters stated in subsection (2) (a) to (c) .\ns 21 prev s 21 om 2019 SL No. 234 s 6\npres s 21 (prev s 19) renum 2019 SL No. 234 s 5\n(sec.21-ssec.1) Subsection (2) applies if a local government is the assessment manager for a development application for a material change of use for a concurrence ERA.\n(sec.21-ssec.2) Each of the following matters is an assessment benchmark for the Planning Act for the material change of use— an environmental objective assessment against the environmental objectives and performance outcomes stated in schedule 8 , part 3 , division 2 ; the standard criteria; if the concurrence ERA is to be carried out in a strategic environmental area—the impacts of the activity on the environmental attributes for the area under the Regional Planning Interests Act 2014 .\n(sec.21-ssec.3) Subsection (4) applies if a local government is a referral agency for a development application for a material change of use for a concurrence ERA.\n(sec.21-ssec.4) For the Planning Act , the local government must assess the development application against the matters stated in subsection (2) (a) to (c) .\n- (a) an environmental objective assessment against the environmental objectives and performance outcomes stated in schedule 8 , part 3 , division 2 ;\n- (b) the standard criteria;\n- (c) if the concurrence ERA is to be carried out in a strategic environmental area—the impacts of the activity on the environmental attributes for the area under the Regional Planning Interests Act 2014 .","sortOrder":22},{"sectionNumber":"ch.3-pt.1-div.4","sectionType":"division","heading":"Clinical waste disposal","content":"## Clinical waste disposal","sortOrder":23},{"sectionNumber":"sec.22","sectionType":"section","heading":"Untreated clinical waste disposal","content":"### sec.22 Untreated clinical waste disposal\n\nA person must not deliver untreated clinical waste to a facility for disposal under schedule 2 , section 60 (1) (b) unless the waste was generated in a scheduled area.\nMaximum penalty—20 penalty units.\nSubsection (3) applies to the occupier of a facility mentioned in schedule 2 , section 60 (1) (a) or (b) if untreated clinical waste is disposed of at the facility.\nThe occupier must ensure—\nthe waste is buried at the facility; and\nthe burial of the waste is supervised by a person who is competent to supervise the burial.\nMaximum penalty—20 penalty units.\ns 22 prev s 22 om 2019 SL No. 234 s 6\npres s 22 (prev s 20) renum 2019 SL No. 234 s 5\n(sec.22-ssec.1) A person must not deliver untreated clinical waste to a facility for disposal under schedule 2 , section 60 (1) (b) unless the waste was generated in a scheduled area. Maximum penalty—20 penalty units.\n(sec.22-ssec.2) Subsection (3) applies to the occupier of a facility mentioned in schedule 2 , section 60 (1) (a) or (b) if untreated clinical waste is disposed of at the facility.\n(sec.22-ssec.3) The occupier must ensure— the waste is buried at the facility; and the burial of the waste is supervised by a person who is competent to supervise the burial. Maximum penalty—20 penalty units.\n- (a) the waste is buried at the facility; and\n- (b) the burial of the waste is supervised by a person who is competent to supervise the burial.","sortOrder":24},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Agricultural ERAs","content":"# Agricultural ERAs","sortOrder":25},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"Prescribed methodologies for agricultural ERA standards","content":"## Prescribed methodologies for agricultural ERA standards","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Prescribed methodologies for cultivation of bananas— Act , s 81","content":"### sec.23 Prescribed methodologies for cultivation of bananas— Act , s 81\n\nThis section prescribes, for section 81 (6) of the Act , definition prescribed methodology , the methodology for working out the amount of nitrogen and phosphorus to be applied to a crop, plant or soil without exceeding the needs of the crop or plant, or a plant in the soil, for the cultivation of bananas.\nThe methodology is the methodology stated in the document called ‘Prescribed methodology for banana cultivation’ published on the department’s website.\ns 23 sub 2019 SL No. 234 s 6\namd 2022 SL No. 26 s 3\n(sec.23-ssec.1) This section prescribes, for section 81 (6) of the Act , definition prescribed methodology , the methodology for working out the amount of nitrogen and phosphorus to be applied to a crop, plant or soil without exceeding the needs of the crop or plant, or a plant in the soil, for the cultivation of bananas.\n(sec.23-ssec.2) The methodology is the methodology stated in the document called ‘Prescribed methodology for banana cultivation’ published on the department’s website.","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":"Prescribed methodologies for cultivation of sugarcane— Act , s 81","content":"### sec.24 Prescribed methodologies for cultivation of sugarcane— Act , s 81\n\nThis section prescribes, for section 81 (6) of the Act , definition prescribed methodology , the methodology for each of the following for the cultivation of sugarcane—\nworking out the amount of nitrogen and phosphorus to be applied to a crop, plant or soil without exceeding the needs of the crop or plant, or a plant in the soil;\nconducting tests of soil.\nThe methodology for a matter mentioned in subsection (1) is the methodology for the matter stated in the document called ‘Prescribed methodology for sugarcane cultivation – version 2’ published on the department’s website.\ns 24 sub 2019 SL No. 234 s 6\namd 2022 SL No. 26 s 4\n(sec.24-ssec.1) This section prescribes, for section 81 (6) of the Act , definition prescribed methodology , the methodology for each of the following for the cultivation of sugarcane— working out the amount of nitrogen and phosphorus to be applied to a crop, plant or soil without exceeding the needs of the crop or plant, or a plant in the soil; conducting tests of soil.\n(sec.24-ssec.2) The methodology for a matter mentioned in subsection (1) is the methodology for the matter stated in the document called ‘Prescribed methodology for sugarcane cultivation – version 2’ published on the department’s website.\n- (a) working out the amount of nitrogen and phosphorus to be applied to a crop, plant or soil without exceeding the needs of the crop or plant, or a plant in the soil;\n- (b) conducting tests of soil.","sortOrder":28},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Agricultural ERA advice","content":"## Agricultural ERA advice","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Summary of tailored advice— Act , s 86","content":"### sec.25 Summary of tailored advice— Act , s 86\n\nThis section prescribes, for section 86 (3) (f) of the Act , the details that must be included in a summary of tailored advice.\nIf the advice makes a recommendation about the application of a fertiliser product, the details are—\nthe name, or a description, of the product; and\nthe application rate recommended for the product; and\nthe method of application recommended for the product; and\nthe timing and frequency of application recommended for the product.\nIn this section—\nfertiliser product means a product that is, or contains, nitrogen or phosphorous.\ns 25 sub 2019 SL No. 234 s 6\n(sec.25-ssec.1) This section prescribes, for section 86 (3) (f) of the Act , the details that must be included in a summary of tailored advice.\n(sec.25-ssec.2) If the advice makes a recommendation about the application of a fertiliser product, the details are— the name, or a description, of the product; and the application rate recommended for the product; and the method of application recommended for the product; and the timing and frequency of application recommended for the product.\n(sec.25-ssec.3) In this section— fertiliser product means a product that is, or contains, nitrogen or phosphorous.\n- (a) the name, or a description, of the product; and\n- (b) the application rate recommended for the product; and\n- (c) the method of application recommended for the product; and\n- (d) the timing and frequency of application recommended for the product.","sortOrder":30},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Prescribed matters for particular resource activities","content":"# Prescribed matters for particular resource activities","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Designated environmental areas","content":"### sec.26 Designated environmental areas\n\nFor schedule 4 of the Act , definition small scale mining activity , paragraphs (a) (vi) and (b)(v), each of the following areas is a designated environmental area—\nfor each agricultural research facility mentioned in schedule 5 , the area with the land description shown opposite the facility’s name;\na coastal management district under the Coastal Protection and Management Act 1995 ;\ncoastal wetlands under the Coastal Protection and Management Act 1995 ;\nthe designated landscape area called ‘the Stanbroke Pastoral Development Holding’ recorded on the register under the Aboriginal Cultural Heritage Act 2003 , section 162 ;\na nature refuge under the Nature Conservation Act 1992 ;\na reservation for public purposes under the Land Act 1994 , section 23 ;\na resources reserve under the Nature Conservation Act 1992 ;\na State forest under the Forestry Act 1959 ;\na timber reserve under the Forestry Act 1959 .\n- (a) for each agricultural research facility mentioned in schedule 5 , the area with the land description shown opposite the facility’s name;\n- (b) a coastal management district under the Coastal Protection and Management Act 1995 ;\n- (c) coastal wetlands under the Coastal Protection and Management Act 1995 ;\n- (d) the designated landscape area called ‘the Stanbroke Pastoral Development Holding’ recorded on the register under the Aboriginal Cultural Heritage Act 2003 , section 162 ;\n- (e) a nature refuge under the Nature Conservation Act 1992 ;\n- (f) a reservation for public purposes under the Land Act 1994 , section 23 ;\n- (g) a resources reserve under the Nature Conservation Act 1992 ;\n- (h) a State forest under the Forestry Act 1959 ;\n- (i) a timber reserve under the Forestry Act 1959 .","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Prescribed conditions for small scale mining activities— Act , s 21A","content":"### sec.27 Prescribed conditions for small scale mining activities— Act , s 21A\n\nFor section 21A (1) of the Act , a prescribed condition for a small scale mining activity is a condition stated in schedule 6 .","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Prescribed documents for application for environmental authority for a CSG activity— Act , s 125","content":"### sec.28 Prescribed documents for application for environmental authority for a CSG activity— Act , s 125\n\nFor section 125 (1) (o) of the Act , the documents prescribed for an application for an environmental authority for a CSG activity that is an ineligible ERA are—\ndocuments dealing with each of the following matters about coal seam gas water generated in connection with carrying out the CSG activity—\nwhether the proposed management of the coal seam gas water is consistent with the coal seam gas water management policy, including the prioritisation hierarchy for managing and using coal seam gas water;\nif the proposed management of the coal seam gas water is inconsistent with the prioritisation hierarchy for managing and using coal seam gas water—the reason for managing the coal seam gas water in the proposed way; and\ndocuments dealing with each of the following matters for brine or salt generated from the management of the coal seam gas water mentioned in paragraph (a) —\nwhether the proposed management of the brine or salt is consistent with the coal seam gas water management policy, including the prioritisation hierarchy for managing saline waste;\nif the proposed management of the brine or salt is inconsistent with the prioritisation hierarchy for managing saline waste—the reason for managing the coal seam gas water in the proposed way.\nIn this section—\nprioritisation hierarchy means—\nfor managing and using coal seam gas water—the prioritisation hierarchy for managing and using CSG water stated in the coal seam gas water management policy; or\nfor managing brine and salt—the prioritisation hierarchy for managing saline waste stated in the coal seam gas water management policy.\n(sec.28-ssec.1) For section 125 (1) (o) of the Act , the documents prescribed for an application for an environmental authority for a CSG activity that is an ineligible ERA are— documents dealing with each of the following matters about coal seam gas water generated in connection with carrying out the CSG activity— whether the proposed management of the coal seam gas water is consistent with the coal seam gas water management policy, including the prioritisation hierarchy for managing and using coal seam gas water; if the proposed management of the coal seam gas water is inconsistent with the prioritisation hierarchy for managing and using coal seam gas water—the reason for managing the coal seam gas water in the proposed way; and documents dealing with each of the following matters for brine or salt generated from the management of the coal seam gas water mentioned in paragraph (a) — whether the proposed management of the brine or salt is consistent with the coal seam gas water management policy, including the prioritisation hierarchy for managing saline waste; if the proposed management of the brine or salt is inconsistent with the prioritisation hierarchy for managing saline waste—the reason for managing the coal seam gas water in the proposed way.\n(sec.28-ssec.2) In this section— prioritisation hierarchy means— for managing and using coal seam gas water—the prioritisation hierarchy for managing and using CSG water stated in the coal seam gas water management policy; or for managing brine and salt—the prioritisation hierarchy for managing saline waste stated in the coal seam gas water management policy.\n- (a) documents dealing with each of the following matters about coal seam gas water generated in connection with carrying out the CSG activity— (i) whether the proposed management of the coal seam gas water is consistent with the coal seam gas water management policy, including the prioritisation hierarchy for managing and using coal seam gas water; (ii) if the proposed management of the coal seam gas water is inconsistent with the prioritisation hierarchy for managing and using coal seam gas water—the reason for managing the coal seam gas water in the proposed way; and\n- (i) whether the proposed management of the coal seam gas water is consistent with the coal seam gas water management policy, including the prioritisation hierarchy for managing and using coal seam gas water;\n- (ii) if the proposed management of the coal seam gas water is inconsistent with the prioritisation hierarchy for managing and using coal seam gas water—the reason for managing the coal seam gas water in the proposed way; and\n- (b) documents dealing with each of the following matters for brine or salt generated from the management of the coal seam gas water mentioned in paragraph (a) — (i) whether the proposed management of the brine or salt is consistent with the coal seam gas water management policy, including the prioritisation hierarchy for managing saline waste; (ii) if the proposed management of the brine or salt is inconsistent with the prioritisation hierarchy for managing saline waste—the reason for managing the coal seam gas water in the proposed way.\n- (i) whether the proposed management of the brine or salt is consistent with the coal seam gas water management policy, including the prioritisation hierarchy for managing saline waste;\n- (ii) if the proposed management of the brine or salt is inconsistent with the prioritisation hierarchy for managing saline waste—the reason for managing the coal seam gas water in the proposed way.\n- (i) whether the proposed management of the coal seam gas water is consistent with the coal seam gas water management policy, including the prioritisation hierarchy for managing and using coal seam gas water;\n- (ii) if the proposed management of the coal seam gas water is inconsistent with the prioritisation hierarchy for managing and using coal seam gas water—the reason for managing the coal seam gas water in the proposed way; and\n- (i) whether the proposed management of the brine or salt is consistent with the coal seam gas water management policy, including the prioritisation hierarchy for managing saline waste;\n- (ii) if the proposed management of the brine or salt is inconsistent with the prioritisation hierarchy for managing saline waste—the reason for managing the coal seam gas water in the proposed way.\n- (a) for managing and using coal seam gas water—the prioritisation hierarchy for managing and using CSG water stated in the coal seam gas water management policy; or\n- (b) for managing brine and salt—the prioritisation hierarchy for managing saline waste stated in the coal seam gas water management policy.","sortOrder":34},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"ERA standards","content":"# ERA standards","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"Approved ERA standards— Act , s 318D","content":"### sec.29 Approved ERA standards— Act , s 318D\n\nFor section 318D of the Act , an ERA standard stated in a document mentioned in schedule 7 is approved.\ns 29 ins 2022 SL No. 26 s 6","sortOrder":36},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Plant or equipment for ERAs","content":"# Plant or equipment for ERAs","sortOrder":37},{"sectionNumber":"sec.29A","sectionType":"section","heading":"Types of plant or equipment for particular organic material processing— Act , s 580","content":"### sec.29A Types of plant or equipment for particular organic material processing— Act , s 580\n\nThis section applies in relation to carrying out organic material processing—\nwithin 4km of the boundary of a residential zone; and\nusing odorous feedstock.\nFor section 580 of the Act —\nan enclosed system must be used to receive, store and initially mix the odorous feedstock; and\nto the extent the activity involves composting the odorous feedstock, either or both of the following systems must be used to compost the feedstock—\nan enclosed system;\nan in-vessel system.\nIn this section—\nenclosed system , for carrying out organic material processing, means plant or equipment—\ncomprising a system under which negative pressure is used in a building, or a section of a building; and\nthat is designed, when used under paragraph (a) , to minimise any adverse effect, or potential adverse effect, of the activity on odour.\nin-vessel system , for carrying out organic material processing—\nmeans plant or equipment—\ncomprising a system under which material is—\ncovered or contained; and\ncomposted in a way that captures, filters or otherwise controls the release of gases; and\nthat is designed, when used under subparagraph (i) , to minimise any adverse effect, or potential adverse effect, of the activity on odour; but\ndoes not include plant or equipment comprising a system under which the release of gases is controlled only by the use of semi-permeable membranes.\ns 29A ins 2024 SL No. 126 s 3\n(sec.29A-ssec.1) This section applies in relation to carrying out organic material processing— within 4km of the boundary of a residential zone; and using odorous feedstock.\n(sec.29A-ssec.2) For section 580 of the Act — an enclosed system must be used to receive, store and initially mix the odorous feedstock; and to the extent the activity involves composting the odorous feedstock, either or both of the following systems must be used to compost the feedstock— an enclosed system; an in-vessel system.\n(sec.29A-ssec.3) In this section— enclosed system , for carrying out organic material processing, means plant or equipment— comprising a system under which negative pressure is used in a building, or a section of a building; and that is designed, when used under paragraph (a) , to minimise any adverse effect, or potential adverse effect, of the activity on odour. in-vessel system , for carrying out organic material processing— means plant or equipment— comprising a system under which material is— covered or contained; and composted in a way that captures, filters or otherwise controls the release of gases; and that is designed, when used under subparagraph (i) , to minimise any adverse effect, or potential adverse effect, of the activity on odour; but does not include plant or equipment comprising a system under which the release of gases is controlled only by the use of semi-permeable membranes.\n- (a) within 4km of the boundary of a residential zone; and\n- (b) using odorous feedstock.\n- (a) an enclosed system must be used to receive, store and initially mix the odorous feedstock; and\n- (b) to the extent the activity involves composting the odorous feedstock, either or both of the following systems must be used to compost the feedstock— (i) an enclosed system; (ii) an in-vessel system.\n- (i) an enclosed system;\n- (ii) an in-vessel system.\n- (i) an enclosed system;\n- (ii) an in-vessel system.\n- (a) comprising a system under which negative pressure is used in a building, or a section of a building; and\n- (b) that is designed, when used under paragraph (a) , to minimise any adverse effect, or potential adverse effect, of the activity on odour.\n- (a) means plant or equipment— (i) comprising a system under which material is— (A) covered or contained; and (B) composted in a way that captures, filters or otherwise controls the release of gases; and (ii) that is designed, when used under subparagraph (i) , to minimise any adverse effect, or potential adverse effect, of the activity on odour; but\n- (i) comprising a system under which material is— (A) covered or contained; and (B) composted in a way that captures, filters or otherwise controls the release of gases; and\n- (A) covered or contained; and\n- (B) composted in a way that captures, filters or otherwise controls the release of gases; and\n- (ii) that is designed, when used under subparagraph (i) , to minimise any adverse effect, or potential adverse effect, of the activity on odour; but\n- (b) does not include plant or equipment comprising a system under which the release of gases is controlled only by the use of semi-permeable membranes.\n- (i) comprising a system under which material is— (A) covered or contained; and (B) composted in a way that captures, filters or otherwise controls the release of gases; and\n- (A) covered or contained; and\n- (B) composted in a way that captures, filters or otherwise controls the release of gases; and\n- (ii) that is designed, when used under subparagraph (i) , to minimise any adverse effect, or potential adverse effect, of the activity on odour; but\n- (A) covered or contained; and\n- (B) composted in a way that captures, filters or otherwise controls the release of gases; and","sortOrder":38},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":39},{"sectionNumber":"ch.4-pt.1-div.1","sectionType":"division","heading":"Purpose","content":"## Purpose","sortOrder":40},{"sectionNumber":"sec.30","sectionType":"section","heading":"Purpose of chapter","content":"### sec.30 Purpose of chapter\n\nThis chapter prescribes the regulatory requirements with which the administering authority is required to comply for making environmental management decisions or PRCP schedule decisions.\ns 30 amd 2019 SL No. 198 s 4","sortOrder":41},{"sectionNumber":"ch.4-pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Definitions for chapter","content":"### sec.31 Definitions for chapter\n\nIn this chapter—\nactivity includes that part, if any, of an activity relating to the following—\npreparing a place for the activity before carrying out the activity;\nrehabilitating a place after it has been used for carrying out the activity.\ncharacteristic —\nof a contaminant, material or waste, means any of the following—\nthe physical and chemical properties and reactivity of the contaminant, material or waste;\nthe biological, carcinogenic, mutagenic or toxic properties of the contaminant, material or waste;\nthe variation of the concentration, emission rate or flux over time, of the contaminant, material or waste; or\nof the receiving environment, means any of the following—\nthe physical, chemical, ecological or biological properties of the receiving environment;\nthe variability of the receiving environment.\nwhether a watercourse is tidal or is subject to periodic flooding or drought\ncontrol measure means a device, equipment, structure, or management strategy used to prevent or control the release of a contaminant or waste to the environment.\nan acoustic enclosure\na bund around a storage pond\na fabric filter to collect dust\na release or overflow valve on machinery\na strategy for operating a furnace in a way that achieves combustion of a contaminant at a particular oxygen level\nenvironmental management decision see section 32 .\nmaterial means a material in its solid, liquid or gaseous state.\nmonitoring see section 33 .\nPRCP schedule decision see section 32A .\ns 31 def PRCP schedule decision ins 2019 SL No. 198 s 5\nsurface water means water other than groundwater.\nwater includes water containing contaminants.\n- (a) preparing a place for the activity before carrying out the activity;\n- (b) rehabilitating a place after it has been used for carrying out the activity.\n- (a) of a contaminant, material or waste, means any of the following— (i) the physical and chemical properties and reactivity of the contaminant, material or waste; (ii) the biological, carcinogenic, mutagenic or toxic properties of the contaminant, material or waste; (iii) the variation of the concentration, emission rate or flux over time, of the contaminant, material or waste; or\n- (i) the physical and chemical properties and reactivity of the contaminant, material or waste;\n- (ii) the biological, carcinogenic, mutagenic or toxic properties of the contaminant, material or waste;\n- (iii) the variation of the concentration, emission rate or flux over time, of the contaminant, material or waste; or\n- (b) of the receiving environment, means any of the following— (i) the physical, chemical, ecological or biological properties of the receiving environment; (ii) the variability of the receiving environment. Example of variability of the receiving environment— whether a watercourse is tidal or is subject to periodic flooding or drought\n- (i) the physical, chemical, ecological or biological properties of the receiving environment;\n- (ii) the variability of the receiving environment. Example of variability of the receiving environment— whether a watercourse is tidal or is subject to periodic flooding or drought\n- (i) the physical and chemical properties and reactivity of the contaminant, material or waste;\n- (ii) the biological, carcinogenic, mutagenic or toxic properties of the contaminant, material or waste;\n- (iii) the variation of the concentration, emission rate or flux over time, of the contaminant, material or waste; or\n- (i) the physical, chemical, ecological or biological properties of the receiving environment;\n- (ii) the variability of the receiving environment. Example of variability of the receiving environment— whether a watercourse is tidal or is subject to periodic flooding or drought\n- • an acoustic enclosure\n- • a bund around a storage pond\n- • a fabric filter to collect dust\n- • a release or overflow valve on machinery\n- • a strategy for operating a furnace in a way that achieves combustion of a contaminant at a particular oxygen level","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Meaning of environmental management decision","content":"### sec.32 Meaning of environmental management decision\n\nAn environmental management decision is a decision under the Act for which the administering authority making the decision is required to comply with regulatory requirements, other than a PRCP schedule decision.\nHowever, an environmental management decision does not include a decision under the Act about—\nan amendment application for an environmental authority that is for a minor amendment of the authority; or\na surrender application for an environmental authority; or\na progressive certification application under chapter 5A , part 6 of the Act .\ns 32 amd 2019 SL No. 198 s 6\n(sec.32-ssec.1) An environmental management decision is a decision under the Act for which the administering authority making the decision is required to comply with regulatory requirements, other than a PRCP schedule decision.\n(sec.32-ssec.2) However, an environmental management decision does not include a decision under the Act about— an amendment application for an environmental authority that is for a minor amendment of the authority; or a surrender application for an environmental authority; or a progressive certification application under chapter 5A , part 6 of the Act .\n- (a) an amendment application for an environmental authority that is for a minor amendment of the authority; or\n- (b) a surrender application for an environmental authority; or\n- (c) a progressive certification application under chapter 5A , part 6 of the Act .","sortOrder":44},{"sectionNumber":"sec.32A","sectionType":"section","heading":"Meaning of PRCP schedule decision","content":"### sec.32A Meaning of PRCP schedule decision\n\nA PRCP schedule decision is a decision under the Act about a PRCP schedule for which the administering authority making the decision is required to comply with regulatory requirements.\nHowever, a PRCP schedule decision does not include a decision about an amendment application for a minor amendment ( PRCP threshold ).\ns 32A ins 2019 SL No. 198 s 7\n(sec.32A-ssec.1) A PRCP schedule decision is a decision under the Act about a PRCP schedule for which the administering authority making the decision is required to comply with regulatory requirements.\n(sec.32A-ssec.2) However, a PRCP schedule decision does not include a decision about an amendment application for a minor amendment ( PRCP threshold ).","sortOrder":45},{"sectionNumber":"sec.33","sectionType":"section","heading":"Meaning of monitoring","content":"### sec.33 Meaning of monitoring\n\nMonitoring , in relation to monitoring the impact of an activity on the receiving environment, includes analysing, assessing, examining, inspecting, measuring, modelling or reporting any of the following matters—\nthe quantity, quality, characteristics, timing and variability of the release of any contaminant;\nthe effectiveness of any control measure;\nthe characteristics of, and impact on, the receiving environment;\nthe effectiveness of remedial or rehabilitation measures.\n- (a) the quantity, quality, characteristics, timing and variability of the release of any contaminant;\n- (b) the effectiveness of any control measure;\n- (c) the characteristics of, and impact on, the receiving environment;\n- (d) the effectiveness of remedial or rehabilitation measures.","sortOrder":46},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Regulatory requirements for all environmental management decisions","content":"# Regulatory requirements for all environmental management decisions","sortOrder":47},{"sectionNumber":"sec.34","sectionType":"section","heading":"Application of part","content":"### sec.34 Application of part\n\nThis part applies to the administering authority for making any environmental management decision.","sortOrder":48},{"sectionNumber":"sec.35","sectionType":"section","heading":"Matters to be complied with for environmental management decisions","content":"### sec.35 Matters to be complied with for environmental management decisions\n\nThe administering authority must, for making an environmental management decision relating to an environmentally relevant activity, other than a prescribed ERA—\ncarry out an environmental objective assessment against the environmental objective and performance outcomes mentioned in schedule 8 , part 3 , divisions 1 and 2 ; and\nconsider the environmental values declared under this regulation; and\nif the activity is to be carried out in a strategic environmental area—consider the impacts of the activity on the environmental attributes for the area under the Regional Planning Interests Act 2014 ; and\nconsider each of the following under any relevant environmental protection policies—\nthe management hierarchy;\nenvironmental values;\nquality objectives;\nthe management intent; and\nif a bilateral agreement requires the matters of national environmental significance to be considered—consider those matters.\nHowever, the administering agency is not required to consider the matters mentioned in subsection (1) (e) if the Coordinator-General, under the State Development Act , section 54Y , issues an environmental approval for the undertaking of all or part of a coordinated project to which the activity relates.\nFor an environmental management decision relating to a prescribed ERA, other than the prescribed ERA mentioned in schedule 2 , section 13A , the administering authority making the decision must—\ncarry out an environmental objective assessment against the environmental objective and performance outcomes mentioned in schedule 8 , part 3 , division 1 ; and\nconsider the matters mentioned in subsection (1) (b) , (c) and (d) .\nFor an environmental management decision relating to the prescribed ERA mentioned in schedule 2 , section 13A , the administering authority making the decision must—\ncarry out an environmental objective assessment against the environmental objectives for water and groundwater mentioned in schedule 8 , part 3 , division 1 , to the extent the performance outcomes for the environmental objectives relate to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and\nconsider each environmental value, declared under this regulation, to the extent the value relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and\nif the activity is to be carried out in a strategic environmental area—consider the impacts of the activity on each environmental attribute for the area under the Regional Planning Interests Act 2014 , to the extent the attribute relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and\nconsider each of the following matters under a relevant environmental protection policy, to the extent the matter relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters—\nthe management hierarchy;\nenvironmental values;\nquality objectives;\nthe management intent.\ns 35 amd 2019 SL No. 234 s 7 ; 2020 Act No. 26 s 118 sch 1\n(sec.35-ssec.1) The administering authority must, for making an environmental management decision relating to an environmentally relevant activity, other than a prescribed ERA— carry out an environmental objective assessment against the environmental objective and performance outcomes mentioned in schedule 8 , part 3 , divisions 1 and 2 ; and consider the environmental values declared under this regulation; and if the activity is to be carried out in a strategic environmental area—consider the impacts of the activity on the environmental attributes for the area under the Regional Planning Interests Act 2014 ; and consider each of the following under any relevant environmental protection policies— the management hierarchy; environmental values; quality objectives; the management intent; and if a bilateral agreement requires the matters of national environmental significance to be considered—consider those matters.\n(sec.35-ssec.2) However, the administering agency is not required to consider the matters mentioned in subsection (1) (e) if the Coordinator-General, under the State Development Act , section 54Y , issues an environmental approval for the undertaking of all or part of a coordinated project to which the activity relates.\n(sec.35-ssec.3) For an environmental management decision relating to a prescribed ERA, other than the prescribed ERA mentioned in schedule 2 , section 13A , the administering authority making the decision must— carry out an environmental objective assessment against the environmental objective and performance outcomes mentioned in schedule 8 , part 3 , division 1 ; and consider the matters mentioned in subsection (1) (b) , (c) and (d) .\n(sec.35-ssec.4) For an environmental management decision relating to the prescribed ERA mentioned in schedule 2 , section 13A , the administering authority making the decision must— carry out an environmental objective assessment against the environmental objectives for water and groundwater mentioned in schedule 8 , part 3 , division 1 , to the extent the performance outcomes for the environmental objectives relate to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and consider each environmental value, declared under this regulation, to the extent the value relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and if the activity is to be carried out in a strategic environmental area—consider the impacts of the activity on each environmental attribute for the area under the Regional Planning Interests Act 2014 , to the extent the attribute relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and consider each of the following matters under a relevant environmental protection policy, to the extent the matter relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters— the management hierarchy; environmental values; quality objectives; the management intent.\n- (a) carry out an environmental objective assessment against the environmental objective and performance outcomes mentioned in schedule 8 , part 3 , divisions 1 and 2 ; and\n- (b) consider the environmental values declared under this regulation; and\n- (c) if the activity is to be carried out in a strategic environmental area—consider the impacts of the activity on the environmental attributes for the area under the Regional Planning Interests Act 2014 ; and\n- (d) consider each of the following under any relevant environmental protection policies— (i) the management hierarchy; (ii) environmental values; (iii) quality objectives; (iv) the management intent; and\n- (i) the management hierarchy;\n- (ii) environmental values;\n- (iii) quality objectives;\n- (iv) the management intent; and\n- (e) if a bilateral agreement requires the matters of national environmental significance to be considered—consider those matters.\n- (i) the management hierarchy;\n- (ii) environmental values;\n- (iii) quality objectives;\n- (iv) the management intent; and\n- (a) carry out an environmental objective assessment against the environmental objective and performance outcomes mentioned in schedule 8 , part 3 , division 1 ; and\n- (b) consider the matters mentioned in subsection (1) (b) , (c) and (d) .\n- (a) carry out an environmental objective assessment against the environmental objectives for water and groundwater mentioned in schedule 8 , part 3 , division 1 , to the extent the performance outcomes for the environmental objectives relate to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and\n- (b) consider each environmental value, declared under this regulation, to the extent the value relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and\n- (c) if the activity is to be carried out in a strategic environmental area—consider the impacts of the activity on each environmental attribute for the area under the Regional Planning Interests Act 2014 , to the extent the attribute relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and\n- (d) consider each of the following matters under a relevant environmental protection policy, to the extent the matter relates to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters— (i) the management hierarchy; (ii) environmental values; (iii) quality objectives; (iv) the management intent.\n- (i) the management hierarchy;\n- (ii) environmental values;\n- (iii) quality objectives;\n- (iv) the management intent.\n- (i) the management hierarchy;\n- (ii) environmental values;\n- (iii) quality objectives;\n- (iv) the management intent.","sortOrder":49},{"sectionNumber":"sec.36","sectionType":"section","heading":"Conditions to be considered for environmental management decisions","content":"### sec.36 Conditions to be considered for environmental management decisions\n\nThe administering authority must, for making an environmental management decision relating to an activity, consider whether to impose conditions about each of the following matters—\nimplementing a system for managing risks to the environment;\nimplementing measures to prevent or minimise the release of contaminants or waste;\nensuring an adequate distance between any sensitive receptors and the relevant site for the activity to which the decision relates;\na condition requiring riparian buffers, noise buffers or buffers for protecting endangered regional ecosystems\nlimiting or reducing the size of the initial mixing zone or attenuation zone, if any, that may be affected by the release of contaminants;\ntreating contaminants before they are released;\nrestricting the type, quality, quantity, concentration or characteristics of contaminants that may be released;\nmanaging the way in which contaminants may be released;\na condition restricting the release of a contaminant at a particular temperature, velocity or rate or during particular meteorological conditions or water flows\na condition restricting the release of a contaminant to a depth below the level of surface waters\nensuring a minimum degree of dispersion happens when a contaminant is released;\na condition requiring the use of a diffuser for releasing a contaminant\nprotecting environmental values, and meeting quality objectives, under relevant environmental protection policies;\nrecycling, storing, transferring or disposing of waste in a particular way;\nrehabilitating land to achieve particular outcomes;\nimplementing measures for the ongoing protection of environmental values that are, or may be, adversely affected by the activity;\nif under an environmental objective assessment, the assessor is not satisfied an environmental objective has been achieved—implementing measures for minimising the adverse effects of not achieving the environmental objective.\nIn this section—\nattenuation zone means the area around a release of contaminants to groundwater in which the concentration of the contaminants in the release is reduced to ambient levels through physico-chemical and microbiological processes.\ninitial mixing zone means an area where water containing contaminants mixes rapidly with surface water because of the momentum or buoyancy of the contaminated water and the turbulence of the surface water.\nrelevant site , for an activity, means a place where the activity is, or is proposed to be, carried out.\n(sec.36-ssec.1) The administering authority must, for making an environmental management decision relating to an activity, consider whether to impose conditions about each of the following matters— implementing a system for managing risks to the environment; implementing measures to prevent or minimise the release of contaminants or waste; ensuring an adequate distance between any sensitive receptors and the relevant site for the activity to which the decision relates; a condition requiring riparian buffers, noise buffers or buffers for protecting endangered regional ecosystems limiting or reducing the size of the initial mixing zone or attenuation zone, if any, that may be affected by the release of contaminants; treating contaminants before they are released; restricting the type, quality, quantity, concentration or characteristics of contaminants that may be released; managing the way in which contaminants may be released; a condition restricting the release of a contaminant at a particular temperature, velocity or rate or during particular meteorological conditions or water flows a condition restricting the release of a contaminant to a depth below the level of surface waters ensuring a minimum degree of dispersion happens when a contaminant is released; a condition requiring the use of a diffuser for releasing a contaminant protecting environmental values, and meeting quality objectives, under relevant environmental protection policies; recycling, storing, transferring or disposing of waste in a particular way; rehabilitating land to achieve particular outcomes; implementing measures for the ongoing protection of environmental values that are, or may be, adversely affected by the activity; if under an environmental objective assessment, the assessor is not satisfied an environmental objective has been achieved—implementing measures for minimising the adverse effects of not achieving the environmental objective.\n(sec.36-ssec.2) In this section— attenuation zone means the area around a release of contaminants to groundwater in which the concentration of the contaminants in the release is reduced to ambient levels through physico-chemical and microbiological processes. initial mixing zone means an area where water containing contaminants mixes rapidly with surface water because of the momentum or buoyancy of the contaminated water and the turbulence of the surface water. relevant site , for an activity, means a place where the activity is, or is proposed to be, carried out.\n- (a) implementing a system for managing risks to the environment;\n- (b) implementing measures to prevent or minimise the release of contaminants or waste;\n- (c) ensuring an adequate distance between any sensitive receptors and the relevant site for the activity to which the decision relates; Examples of a condition for paragraph (c) — a condition requiring riparian buffers, noise buffers or buffers for protecting endangered regional ecosystems\n- (d) limiting or reducing the size of the initial mixing zone or attenuation zone, if any, that may be affected by the release of contaminants;\n- (e) treating contaminants before they are released;\n- (f) restricting the type, quality, quantity, concentration or characteristics of contaminants that may be released;\n- (g) managing the way in which contaminants may be released; Examples of a condition for paragraph (g) — • a condition restricting the release of a contaminant at a particular temperature, velocity or rate or during particular meteorological conditions or water flows • a condition restricting the release of a contaminant to a depth below the level of surface waters\n- • a condition restricting the release of a contaminant at a particular temperature, velocity or rate or during particular meteorological conditions or water flows\n- • a condition restricting the release of a contaminant to a depth below the level of surface waters\n- (h) ensuring a minimum degree of dispersion happens when a contaminant is released; Example of a condition for paragraph (h) — a condition requiring the use of a diffuser for releasing a contaminant\n- (i) protecting environmental values, and meeting quality objectives, under relevant environmental protection policies;\n- (j) recycling, storing, transferring or disposing of waste in a particular way;\n- (k) rehabilitating land to achieve particular outcomes;\n- (l) implementing measures for the ongoing protection of environmental values that are, or may be, adversely affected by the activity;\n- (m) if under an environmental objective assessment, the assessor is not satisfied an environmental objective has been achieved—implementing measures for minimising the adverse effects of not achieving the environmental objective.\n- • a condition restricting the release of a contaminant at a particular temperature, velocity or rate or during particular meteorological conditions or water flows\n- • a condition restricting the release of a contaminant to a depth below the level of surface waters","sortOrder":50},{"sectionNumber":"sec.37","sectionType":"section","heading":"Matters to be considered for decisions imposing monitoring conditions","content":"### sec.37 Matters to be considered for decisions imposing monitoring conditions\n\nThe administering authority must, for making an environmental management decision relating to an activity, consider whether to impose monitoring conditions about the release of contaminants from the activity on the receiving environment.\nFor considering whether to impose a monitoring condition, the administering authority must consider the following matters—\nthe potential impact on the receiving environment of the activity to which the decision relates and the release of the contaminant;\nthe characteristics of the contaminant;\nthe potential for a control measure to fail and the effect of a failure of a control measure on the receiving environment;\nany protocol under the Act relevant to monitoring the release of the contaminant;\nwhether the monitoring should be continuous or intermittent.\nIn this section—\nmonitoring condition , about the release of contaminants from an activity on the receiving environment, means a condition about any of the following matters—\nmonitoring the quantity, quality, characteristics, timing and variability of the release;\nmonitoring indicators of the effective operation of control measures;\nmonitoring the characteristics of the receiving environment;\nassessing the effectiveness of remedial or rehabilitation measures;\nmonitoring the impact of the release on the values, objectives and biota in the receiving environment;\nanalysing monitoring data against objectives and standards including, for example, by predictive modelling;\nreporting the results of monitoring in a stated form and timeframe;\nreporting on the time and way in which the release is made to the receiving environment.\n(sec.37-ssec.1) The administering authority must, for making an environmental management decision relating to an activity, consider whether to impose monitoring conditions about the release of contaminants from the activity on the receiving environment.\n(sec.37-ssec.2) For considering whether to impose a monitoring condition, the administering authority must consider the following matters— the potential impact on the receiving environment of the activity to which the decision relates and the release of the contaminant; the characteristics of the contaminant; the potential for a control measure to fail and the effect of a failure of a control measure on the receiving environment; any protocol under the Act relevant to monitoring the release of the contaminant; whether the monitoring should be continuous or intermittent.\n(sec.37-ssec.3) In this section— monitoring condition , about the release of contaminants from an activity on the receiving environment, means a condition about any of the following matters— monitoring the quantity, quality, characteristics, timing and variability of the release; monitoring indicators of the effective operation of control measures; monitoring the characteristics of the receiving environment; assessing the effectiveness of remedial or rehabilitation measures; monitoring the impact of the release on the values, objectives and biota in the receiving environment; analysing monitoring data against objectives and standards including, for example, by predictive modelling; reporting the results of monitoring in a stated form and timeframe; reporting on the time and way in which the release is made to the receiving environment.\n- (a) the potential impact on the receiving environment of the activity to which the decision relates and the release of the contaminant;\n- (b) the characteristics of the contaminant;\n- (c) the potential for a control measure to fail and the effect of a failure of a control measure on the receiving environment;\n- (d) any protocol under the Act relevant to monitoring the release of the contaminant;\n- (e) whether the monitoring should be continuous or intermittent.\n- (a) monitoring the quantity, quality, characteristics, timing and variability of the release;\n- (b) monitoring indicators of the effective operation of control measures;\n- (c) monitoring the characteristics of the receiving environment;\n- (d) assessing the effectiveness of remedial or rehabilitation measures;\n- (e) monitoring the impact of the release on the values, objectives and biota in the receiving environment;\n- (f) analysing monitoring data against objectives and standards including, for example, by predictive modelling;\n- (g) reporting the results of monitoring in a stated form and timeframe;\n- (h) reporting on the time and way in which the release is made to the receiving environment.","sortOrder":51},{"sectionNumber":"sec.38","sectionType":"section","heading":"Prescribed standard criteria for environmental management decisions","content":"### sec.38 Prescribed standard criteria for environmental management decisions\n\nFor schedule 4 of the Act , definition standard criteria , paragraph (l) , an environmental objective assessment relating to an environmental management decision is prescribed.","sortOrder":52},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Additional regulatory requirements for particular environmental management decisions","content":"# Additional regulatory requirements for particular environmental management decisions","sortOrder":53},{"sectionNumber":"sec.39","sectionType":"section","heading":"Application of part","content":"### sec.39 Application of part\n\nIf an environmental management decision relates to an activity mentioned in a provision in this part, the administering authority making the decision must comply with the provision in addition to part 2 .","sortOrder":54},{"sectionNumber":"sec.40","sectionType":"section","heading":"Release of water or waste to wetlands for treatment","content":"### sec.40 Release of water or waste to wetlands for treatment\n\nThis section applies to the administering authority for making an environmental management decision relating to an activity that involves, or may involve, the release of water or waste to a wetland for treatment.\nThe administering authority must refuse to grant the application if the authority considers that, because of the activity—\nthe wetland may be destroyed or reduced in size; or\nthe biological integrity of the wetland may not be maintained.\nIn this section—\nbiological integrity , of a wetland, means the ability of the wetland to support and maintain a balanced, integrative, adaptive community of organisms having a species composition, diversity and functional organisation comparable to that of the natural habitat of the locality in which the wetland is located.\n(sec.40-ssec.1) This section applies to the administering authority for making an environmental management decision relating to an activity that involves, or may involve, the release of water or waste to a wetland for treatment.\n(sec.40-ssec.2) The administering authority must refuse to grant the application if the authority considers that, because of the activity— the wetland may be destroyed or reduced in size; or the biological integrity of the wetland may not be maintained.\n(sec.40-ssec.3) In this section— biological integrity , of a wetland, means the ability of the wetland to support and maintain a balanced, integrative, adaptive community of organisms having a species composition, diversity and functional organisation comparable to that of the natural habitat of the locality in which the wetland is located.\n- (a) the wetland may be destroyed or reduced in size; or\n- (b) the biological integrity of the wetland may not be maintained.","sortOrder":55},{"sectionNumber":"sec.41","sectionType":"section","heading":"Activity involving direct release of waste to groundwater","content":"### sec.41 Activity involving direct release of waste to groundwater\n\nThis section applies to the administering authority for making an environmental management decision relating to an activity that involves, or may involve, the release of waste directly to groundwater (the receiving groundwater ).\nan activity involving the release of contaminated water to groundwater through a well, deep-well injection or a bore\nThe administering authority must refuse to grant the application if the authority considers—\nfor an application other than an application relating to an environmental authority for a petroleum activity—the waste is not being, or may not be, released entirely within a confined aquifer; or\nthe release of the waste is affecting adversely, or may affect adversely, a surface ecological system; or\nthe waste is likely to result in a deterioration in the environmental values of the receiving groundwater.\nIn this section—\nconfined aquifer means an aquifer that is contained entirely within impermeable strata.\n(sec.41-ssec.1) This section applies to the administering authority for making an environmental management decision relating to an activity that involves, or may involve, the release of waste directly to groundwater (the receiving groundwater ). an activity involving the release of contaminated water to groundwater through a well, deep-well injection or a bore\n(sec.41-ssec.2) The administering authority must refuse to grant the application if the authority considers— for an application other than an application relating to an environmental authority for a petroleum activity—the waste is not being, or may not be, released entirely within a confined aquifer; or the release of the waste is affecting adversely, or may affect adversely, a surface ecological system; or the waste is likely to result in a deterioration in the environmental values of the receiving groundwater.\n(sec.41-ssec.3) In this section— confined aquifer means an aquifer that is contained entirely within impermeable strata.\n- (a) for an application other than an application relating to an environmental authority for a petroleum activity—the waste is not being, or may not be, released entirely within a confined aquifer; or\n- (b) the release of the waste is affecting adversely, or may affect adversely, a surface ecological system; or\n- (c) the waste is likely to result in a deterioration in the environmental values of the receiving groundwater.","sortOrder":56},{"sectionNumber":"sec.41AA","sectionType":"section","heading":"Release of particular contaminants to Great Barrier Reef catchment waters and other waters","content":"### sec.41AA Release of particular contaminants to Great Barrier Reef catchment waters and other waters\n\nThis section applies to the administering authority for making an environmental management decision relating to an activity (the relevant activity ) that is, or will be, carried out in—\nthe Great Barrier Reef catchment; or\nthe coastal waters of the State that are between the following geodesic lines—\na line running north from the point that is the most northern coastline of the State in the Great Barrier Reef catchment;\na line running east from the point that is the most southern coastline of the State in the Great Barrier Reef catchment.\nHowever, this section does not apply to—\na prescribed ERA mentioned in schedule 2 , section 16 , to the extent the activity is dredging in waters mentioned in subsection (1) (b) ; or\na prescribed ERA mentioned in schedule 2 , section 13A .\nThe administering authority must refuse to grant the application if the authority considers that—\nthe relevant activity will, or may, have a residual impact; and\nhaving regard to the matters mentioned in the water quality offset policy, the residual impact will not be adequately counterbalanced by offset measures for the relevant activity.\nA residual impact of a relevant activity is the presence of fine sediment, or dissolved inorganic nitrogen, in Great Barrier Reef catchment waters, or waters mentioned in subsection (1) (b) , that—\nwas released to the water because of the relevant activity; and\nremains, or is likely to remain, in the water despite mitigation measures for the relevant activity.\nFor subsection (4) , the presence of fine sediment must be detected by measuring total suspended solids.\nMitigation measures , for a relevant activity, are activities carried out to avoid or minimise the release of fine sediment, or dissolved inorganic nitrogen, to Great Barrier Reef catchment waters, or waters mentioned in subsection (1) (b) , because of the relevant activity being carried out.\nOffset measures , for a relevant activity, are activities carried out to reduce the load of fine sediment, or dissolved inorganic nitrogen, in Great Barrier Reef catchment waters, or waters mentioned in sub section 1 (b) .\nFor subsections (6) and (7) , a mitigation measure, or an offset measure, for a relevant activity may be carried out at the place where the relevant activity is carried out or elsewhere.\nIn this section—\nload , of fine sediment, or dissolved inorganic nitrogen, in water, means the total mass of the fine sediment, or dissolved inorganic nitrogen, in the water, measured over a period of time.\nwater quality offset policy means the document called ‘Point source water quality offsets policy 2019’ published on the department’s website.\ns 41AA ins 2019 SL No. 234 s 8\namd 2020 Act No. 26 s 118 sch 1 ; 2021 SL No. 42 s 4\n(sec.41AA-ssec.1) This section applies to the administering authority for making an environmental management decision relating to an activity (the relevant activity ) that is, or will be, carried out in— the Great Barrier Reef catchment; or the coastal waters of the State that are between the following geodesic lines— a line running north from the point that is the most northern coastline of the State in the Great Barrier Reef catchment; a line running east from the point that is the most southern coastline of the State in the Great Barrier Reef catchment.\n(sec.41AA-ssec.2) However, this section does not apply to— a prescribed ERA mentioned in schedule 2 , section 16 , to the extent the activity is dredging in waters mentioned in subsection (1) (b) ; or a prescribed ERA mentioned in schedule 2 , section 13A .\n(sec.41AA-ssec.3) The administering authority must refuse to grant the application if the authority considers that— the relevant activity will, or may, have a residual impact; and having regard to the matters mentioned in the water quality offset policy, the residual impact will not be adequately counterbalanced by offset measures for the relevant activity.\n(sec.41AA-ssec.4) A residual impact of a relevant activity is the presence of fine sediment, or dissolved inorganic nitrogen, in Great Barrier Reef catchment waters, or waters mentioned in subsection (1) (b) , that— was released to the water because of the relevant activity; and remains, or is likely to remain, in the water despite mitigation measures for the relevant activity.\n(sec.41AA-ssec.5) For subsection (4) , the presence of fine sediment must be detected by measuring total suspended solids.\n(sec.41AA-ssec.6) Mitigation measures , for a relevant activity, are activities carried out to avoid or minimise the release of fine sediment, or dissolved inorganic nitrogen, to Great Barrier Reef catchment waters, or waters mentioned in subsection (1) (b) , because of the relevant activity being carried out.\n(sec.41AA-ssec.7) Offset measures , for a relevant activity, are activities carried out to reduce the load of fine sediment, or dissolved inorganic nitrogen, in Great Barrier Reef catchment waters, or waters mentioned in sub section 1 (b) .\n(sec.41AA-ssec.8) For subsections (6) and (7) , a mitigation measure, or an offset measure, for a relevant activity may be carried out at the place where the relevant activity is carried out or elsewhere.\n(sec.41AA-ssec.9) In this section— load , of fine sediment, or dissolved inorganic nitrogen, in water, means the total mass of the fine sediment, or dissolved inorganic nitrogen, in the water, measured over a period of time. water quality offset policy means the document called ‘Point source water quality offsets policy 2019’ published on the department’s website.\n- (a) the Great Barrier Reef catchment; or\n- (b) the coastal waters of the State that are between the following geodesic lines— (i) a line running north from the point that is the most northern coastline of the State in the Great Barrier Reef catchment; (ii) a line running east from the point that is the most southern coastline of the State in the Great Barrier Reef catchment.\n- (i) a line running north from the point that is the most northern coastline of the State in the Great Barrier Reef catchment;\n- (ii) a line running east from the point that is the most southern coastline of the State in the Great Barrier Reef catchment.\n- (i) a line running north from the point that is the most northern coastline of the State in the Great Barrier Reef catchment;\n- (ii) a line running east from the point that is the most southern coastline of the State in the Great Barrier Reef catchment.\n- (a) a prescribed ERA mentioned in schedule 2 , section 16 , to the extent the activity is dredging in waters mentioned in subsection (1) (b) ; or\n- (b) a prescribed ERA mentioned in schedule 2 , section 13A .\n- (a) the relevant activity will, or may, have a residual impact; and\n- (b) having regard to the matters mentioned in the water quality offset policy, the residual impact will not be adequately counterbalanced by offset measures for the relevant activity.\n- (a) was released to the water because of the relevant activity; and\n- (b) remains, or is likely to remain, in the water despite mitigation measures for the relevant activity.","sortOrder":57},{"sectionNumber":"sec.41AB","sectionType":"section","heading":"Transhipping activity within particular areas","content":"### sec.41AB Transhipping activity within particular areas\n\nThis section applies to the administering authority for making an environmental management decision relating to a transhipping activity.\nThe administering authority must refuse to grant the application if the authority considers that all or part of the transhipping activity is to be carried out—\nin an area within the Great Barrier Reef Marine Park; or\nin an area that is—\nwithin the Great Barrier Reef World Heritage Area; but\nnot within a port area.\nA transhipping activity to be carried out in an area within the Great Barrier Reef Marine Park includes a transhipping activity to be carried out in a relevant Great Barrier Reef Marine Park area.\nIn this section—\nGreat Barrier Reef Marine Park means the Great Barrier Reef Marine Park under the Great Barrier Reef Marine Park Act 1975 (Cwlth) .\ns 41AB ins 2020 SL No. 225 s 4\n(sec.41AB-ssec.1) This section applies to the administering authority for making an environmental management decision relating to a transhipping activity.\n(sec.41AB-ssec.2) The administering authority must refuse to grant the application if the authority considers that all or part of the transhipping activity is to be carried out— in an area within the Great Barrier Reef Marine Park; or in an area that is— within the Great Barrier Reef World Heritage Area; but not within a port area.\n(sec.41AB-ssec.3) A transhipping activity to be carried out in an area within the Great Barrier Reef Marine Park includes a transhipping activity to be carried out in a relevant Great Barrier Reef Marine Park area.\n(sec.41AB-ssec.4) In this section— Great Barrier Reef Marine Park means the Great Barrier Reef Marine Park under the Great Barrier Reef Marine Park Act 1975 (Cwlth) .\n- (a) in an area within the Great Barrier Reef Marine Park; or\n- (b) in an area that is— (i) within the Great Barrier Reef World Heritage Area; but (ii) not within a port area.\n- (i) within the Great Barrier Reef World Heritage Area; but\n- (ii) not within a port area.\n- (i) within the Great Barrier Reef World Heritage Area; but\n- (ii) not within a port area.","sortOrder":58},{"sectionNumber":"sec.41AC","sectionType":"section","heading":"Organic material processing","content":"### sec.41AC Organic material processing\n\nThis section applies to the administering authority for making an environmental management decision relating to organic material processing, if the activity is to be carried out within 4km of the boundary of a residential zone.\nThe administering authority must, for making the environmental management decision, consider whether to impose either of the following conditions on the environmental authority—\na condition to the effect that the relevant activity for the authority must not be carried out using odorous feedstock;\nif the relevant activity for the authority is to be authorised to be carried out using odorous feedstock—a condition to the effect that the activity must be carried out as mentioned in section 29A (2) (a) and (b) .\ns 41AC ins 2024 SL No. 126 s 4\n(sec.41AC-ssec.1) This section applies to the administering authority for making an environmental management decision relating to organic material processing, if the activity is to be carried out within 4km of the boundary of a residential zone.\n(sec.41AC-ssec.2) The administering authority must, for making the environmental management decision, consider whether to impose either of the following conditions on the environmental authority— a condition to the effect that the relevant activity for the authority must not be carried out using odorous feedstock; if the relevant activity for the authority is to be authorised to be carried out using odorous feedstock—a condition to the effect that the activity must be carried out as mentioned in section 29A (2) (a) and (b) .\n- (a) a condition to the effect that the relevant activity for the authority must not be carried out using odorous feedstock;\n- (b) if the relevant activity for the authority is to be authorised to be carried out using odorous feedstock—a condition to the effect that the activity must be carried out as mentioned in section 29A (2) (a) and (b) .","sortOrder":59},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Regulatory requirements for PRCP schedule decisions","content":"# Regulatory requirements for PRCP schedule decisions","sortOrder":60},{"sectionNumber":"sec.41A","sectionType":"section","heading":"Application of part","content":"### sec.41A Application of part\n\nThis part applies to the administering authority for making a PRCP schedule decision.\ns 41A ins 2019 SL No. 198 s 8","sortOrder":61},{"sectionNumber":"sec.41B","sectionType":"section","heading":"Requirements for PRCP schedule decisions","content":"### sec.41B Requirements for PRCP schedule decisions\n\nThe administering authority must, for making the PRCP schedule decision—\ncarry out a PRCP objective assessment against each PRCP objective, and PRCP performance outcome for each PRCP objective, mentioned in schedule 8A , part 3 ; and\nconsider any environmental values declared under this regulation; and\nconsider each of the following under any relevant environmental protection policies—\nthe management hierarchy;\nenvironmental values;\nquality objectives;\nthe management intent.\nThe administering authority may approve or amend a PRCP schedule only if each PRCP objective for the PRCP schedule is achieved under schedule 8A .\ns 41B ins 2019 SL No. 198 s 8\n(sec.41B-ssec.1) The administering authority must, for making the PRCP schedule decision— carry out a PRCP objective assessment against each PRCP objective, and PRCP performance outcome for each PRCP objective, mentioned in schedule 8A , part 3 ; and consider any environmental values declared under this regulation; and consider each of the following under any relevant environmental protection policies— the management hierarchy; environmental values; quality objectives; the management intent.\n(sec.41B-ssec.2) The administering authority may approve or amend a PRCP schedule only if each PRCP objective for the PRCP schedule is achieved under schedule 8A .\n- (a) carry out a PRCP objective assessment against each PRCP objective, and PRCP performance outcome for each PRCP objective, mentioned in schedule 8A , part 3 ; and\n- (b) consider any environmental values declared under this regulation; and\n- (c) consider each of the following under any relevant environmental protection policies— (i) the management hierarchy; (ii) environmental values; (iii) quality objectives; (iv) the management intent.\n- (i) the management hierarchy;\n- (ii) environmental values;\n- (iii) quality objectives;\n- (iv) the management intent.\n- (i) the management hierarchy;\n- (ii) environmental values;\n- (iii) quality objectives;\n- (iv) the management intent.","sortOrder":62},{"sectionNumber":"sec.41C","sectionType":"section","heading":"Additional requirement for PRCP schedule decisions—void situated wholly or partly in flood plain","content":"### sec.41C Additional requirement for PRCP schedule decisions—void situated wholly or partly in flood plain\n\nSubsections (2) and (3) apply for making the PRCP schedule decision if land the subject of the PRCP schedule may contain a void situated wholly or partly in a flood plain.\nThe administering authority must consider the results of flood plain modelling carried out in relation to the land the subject of the PRCP schedule.\nThe administering authority must treat the land as a flood plain to the extent the results of the flood plain modelling show that, when all relevant activities carried out on the land have ended, the land is the same height as, or lower than, the level modelled as the peak water level 0.1% AEP for a relevant watercourse under the ARR.\nIf the administering authority is satisfied land the subject of a PRCP schedule contains a void situated wholly or partly in a flood plain, the administering authority may approve or amend the schedule only if it provides for rehabilitation of the land comprising the void, to the extent it is situated in the flood plain, to a stable condition.\nIn this section—\nAEP has the meaning given under the ARR.\nARR means the guideline called the Australian Rainfall and Runoff published by the Commonwealth.\nThe ARR is available on the Australian Rainfall and Runoff website at www.arr.ga.gov.au.\nartificial feature , for land the subject of a PRCP schedule, means—\na structure or feature that is temporary and, under the PRCP schedule or otherwise, is to be removed from the land; or\na structure or feature that, under the PRCP schedule, will require a level of maintenance after the land is surrendered that is greater than the level of maintenance that would be required for the land if the relevant activities the subject of the PRCP schedule had not been carried out; or\na feature forming part of the landform of the land, other than the natural landform, if the feature interferes with or affects—\na relevant watercourse; or\nthe natural flow of water on the land.\nflood plain modelling , for land the subject of a PRCP schedule, means modelling of the landform of the land—\ncarried out under the ARR; and\nexcluding any artificial features for the land.\nrelevant watercourse means—\na watercourse classified as stream order 4 or higher under the Strahler stream order classification system; or\nif a watercourse mentioned in paragraph (a) is permanently diverted under—\na condition, or proposed condition, of an environmental authority mentioned in the Water Act 2000 , section 98 ; or\na water licence or proposed water licence under the Water Act 2000 ;\nthe watercourse as permanently diverted.\ns 41C ins 2019 SL No. 198 s 8\n(sec.41C-ssec.1) Subsections (2) and (3) apply for making the PRCP schedule decision if land the subject of the PRCP schedule may contain a void situated wholly or partly in a flood plain.\n(sec.41C-ssec.2) The administering authority must consider the results of flood plain modelling carried out in relation to the land the subject of the PRCP schedule.\n(sec.41C-ssec.3) The administering authority must treat the land as a flood plain to the extent the results of the flood plain modelling show that, when all relevant activities carried out on the land have ended, the land is the same height as, or lower than, the level modelled as the peak water level 0.1% AEP for a relevant watercourse under the ARR.\n(sec.41C-ssec.4) If the administering authority is satisfied land the subject of a PRCP schedule contains a void situated wholly or partly in a flood plain, the administering authority may approve or amend the schedule only if it provides for rehabilitation of the land comprising the void, to the extent it is situated in the flood plain, to a stable condition.\n(sec.41C-ssec.5) In this section— AEP has the meaning given under the ARR. ARR means the guideline called the Australian Rainfall and Runoff published by the Commonwealth. The ARR is available on the Australian Rainfall and Runoff website at www.arr.ga.gov.au. artificial feature , for land the subject of a PRCP schedule, means— a structure or feature that is temporary and, under the PRCP schedule or otherwise, is to be removed from the land; or a structure or feature that, under the PRCP schedule, will require a level of maintenance after the land is surrendered that is greater than the level of maintenance that would be required for the land if the relevant activities the subject of the PRCP schedule had not been carried out; or a feature forming part of the landform of the land, other than the natural landform, if the feature interferes with or affects— a relevant watercourse; or the natural flow of water on the land. flood plain modelling , for land the subject of a PRCP schedule, means modelling of the landform of the land— carried out under the ARR; and excluding any artificial features for the land. relevant watercourse means— a watercourse classified as stream order 4 or higher under the Strahler stream order classification system; or if a watercourse mentioned in paragraph (a) is permanently diverted under— a condition, or proposed condition, of an environmental authority mentioned in the Water Act 2000 , section 98 ; or a water licence or proposed water licence under the Water Act 2000 ; the watercourse as permanently diverted.\n- (a) a structure or feature that is temporary and, under the PRCP schedule or otherwise, is to be removed from the land; or\n- (b) a structure or feature that, under the PRCP schedule, will require a level of maintenance after the land is surrendered that is greater than the level of maintenance that would be required for the land if the relevant activities the subject of the PRCP schedule had not been carried out; or\n- (c) a feature forming part of the landform of the land, other than the natural landform, if the feature interferes with or affects— (i) a relevant watercourse; or (ii) the natural flow of water on the land.\n- (i) a relevant watercourse; or\n- (ii) the natural flow of water on the land.\n- (i) a relevant watercourse; or\n- (ii) the natural flow of water on the land.\n- (a) carried out under the ARR; and\n- (b) excluding any artificial features for the land.\n- (a) a watercourse classified as stream order 4 or higher under the Strahler stream order classification system; or\n- (b) if a watercourse mentioned in paragraph (a) is permanently diverted under— (i) a condition, or proposed condition, of an environmental authority mentioned in the Water Act 2000 , section 98 ; or (ii) a water licence or proposed water licence under the Water Act 2000 ; the watercourse as permanently diverted.\n- (i) a condition, or proposed condition, of an environmental authority mentioned in the Water Act 2000 , section 98 ; or\n- (ii) a water licence or proposed water licence under the Water Act 2000 ;\n- (i) a condition, or proposed condition, of an environmental authority mentioned in the Water Act 2000 , section 98 ; or\n- (ii) a water licence or proposed water licence under the Water Act 2000 ;","sortOrder":63},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Categorisation of commercial waste and industrial waste","content":"# Categorisation of commercial waste and industrial waste","sortOrder":64},{"sectionNumber":"ch.5-pt.1-div.1","sectionType":"division","heading":"Regulated waste, category 1 regulated waste and category 2 regulated waste","content":"## Regulated waste, category 1 regulated waste and category 2 regulated waste","sortOrder":65},{"sectionNumber":"sec.42","sectionType":"section","heading":"Meaning of regulated waste","content":"### sec.42 Meaning of regulated waste\n\nRegulated waste is waste that—\nis commercial waste or industrial waste; and\nis of a type, or contains a constituent of a type, mentioned in schedule 9 , part 1 , column 1.\nWaste prescribed under subsection (1) includes—\nfor an element—any chemical compound containing the element; and\nanything that contains residues of the waste, including, for example, a container contaminated with the waste.\nHowever, waste is not regulated waste if the waste is of a type mentioned in schedule 9 , part 3 , division 1 .\nAlso, waste is not regulated waste if current test results for the waste state that—\nfor each relevant attribute mentioned in schedule 9 , part 3 , division 2 , table 1, column 1, the waste satisfies the requirement mentioned in—\nfor solid waste—column 2 opposite the attribute; or\nfor liquid waste—column 3 opposite the attribute; and\nfor each relevant substance mentioned in schedule 9 , part 3 , division 2 , table 2, column 1, the concentration of the substance in the waste is less than the threshold mentioned in—\nfor solid waste—column 2 opposite the substance; or\nfor liquid waste—column 3 opposite the substance.\ns 42 amd 2025 SL No. 42 s 6\n(sec.42-ssec.1) Regulated waste is waste that— is commercial waste or industrial waste; and is of a type, or contains a constituent of a type, mentioned in schedule 9 , part 1 , column 1.\n(sec.42-ssec.2) Waste prescribed under subsection (1) includes— for an element—any chemical compound containing the element; and anything that contains residues of the waste, including, for example, a container contaminated with the waste.\n(sec.42-ssec.3) However, waste is not regulated waste if the waste is of a type mentioned in schedule 9 , part 3 , division 1 .\n(sec.42-ssec.4) Also, waste is not regulated waste if current test results for the waste state that— for each relevant attribute mentioned in schedule 9 , part 3 , division 2 , table 1, column 1, the waste satisfies the requirement mentioned in— for solid waste—column 2 opposite the attribute; or for liquid waste—column 3 opposite the attribute; and for each relevant substance mentioned in schedule 9 , part 3 , division 2 , table 2, column 1, the concentration of the substance in the waste is less than the threshold mentioned in— for solid waste—column 2 opposite the substance; or for liquid waste—column 3 opposite the substance.\n- (a) is commercial waste or industrial waste; and\n- (b) is of a type, or contains a constituent of a type, mentioned in schedule 9 , part 1 , column 1.\n- (a) for an element—any chemical compound containing the element; and\n- (b) anything that contains residues of the waste, including, for example, a container contaminated with the waste.\n- (a) for each relevant attribute mentioned in schedule 9 , part 3 , division 2 , table 1, column 1, the waste satisfies the requirement mentioned in— (i) for solid waste—column 2 opposite the attribute; or (ii) for liquid waste—column 3 opposite the attribute; and\n- (i) for solid waste—column 2 opposite the attribute; or\n- (ii) for liquid waste—column 3 opposite the attribute; and\n- (b) for each relevant substance mentioned in schedule 9 , part 3 , division 2 , table 2, column 1, the concentration of the substance in the waste is less than the threshold mentioned in— (i) for solid waste—column 2 opposite the substance; or (ii) for liquid waste—column 3 opposite the substance.\n- (i) for solid waste—column 2 opposite the substance; or\n- (ii) for liquid waste—column 3 opposite the substance.\n- (i) for solid waste—column 2 opposite the attribute; or\n- (ii) for liquid waste—column 3 opposite the attribute; and\n- (i) for solid waste—column 2 opposite the substance; or\n- (ii) for liquid waste—column 3 opposite the substance.","sortOrder":66},{"sectionNumber":"sec.43","sectionType":"section","heading":"Meaning of category 1 regulated waste and category 2 regulated waste","content":"### sec.43 Meaning of category 1 regulated waste and category 2 regulated waste\n\nRegulated waste is category 1 regulated waste if—\nthe waste is either—\nliquid waste; or\nsolid waste that does not have current test results; and\nboth of the following apply—\nthe waste is of a type, or contains a constituent of a type, mentioned in schedule 9 , part 1 , column 1;\nthe category mentioned in schedule 9 , part 1 , column 2 opposite the type is category 1.\nAlso, regulated waste is category 1 regulated waste if—\nthe waste is solid waste; and\ncurrent test results for the waste state that—\nthe pH of the waste is less than 2 or more than 12.5; or\nfor a relevant substance mentioned in schedule 9 , part 2 , column 1, the concentration of the substance in the waste is more than the threshold mentioned in column 2 opposite the substance.\nCategory 1 regulated waste includes anything that contains residues of the waste, including, for example, a container contaminated with the waste.\nCategory 2 regulated waste is regulated waste other than category 1 regulated waste.\ns 43 amd 2025 SL No. 42 s 7\n(sec.43-ssec.1) Regulated waste is category 1 regulated waste if— the waste is either— liquid waste; or solid waste that does not have current test results; and both of the following apply— the waste is of a type, or contains a constituent of a type, mentioned in schedule 9 , part 1 , column 1; the category mentioned in schedule 9 , part 1 , column 2 opposite the type is category 1.\n(sec.43-ssec.2) Also, regulated waste is category 1 regulated waste if— the waste is solid waste; and current test results for the waste state that— the pH of the waste is less than 2 or more than 12.5; or for a relevant substance mentioned in schedule 9 , part 2 , column 1, the concentration of the substance in the waste is more than the threshold mentioned in column 2 opposite the substance.\n(sec.43-ssec.3) Category 1 regulated waste includes anything that contains residues of the waste, including, for example, a container contaminated with the waste.\n(sec.43-ssec.4) Category 2 regulated waste is regulated waste other than category 1 regulated waste.\n- (a) the waste is either— (i) liquid waste; or (ii) solid waste that does not have current test results; and\n- (i) liquid waste; or\n- (ii) solid waste that does not have current test results; and\n- (b) both of the following apply— (i) the waste is of a type, or contains a constituent of a type, mentioned in schedule 9 , part 1 , column 1; (ii) the category mentioned in schedule 9 , part 1 , column 2 opposite the type is category 1.\n- (i) the waste is of a type, or contains a constituent of a type, mentioned in schedule 9 , part 1 , column 1;\n- (ii) the category mentioned in schedule 9 , part 1 , column 2 opposite the type is category 1.\n- (i) liquid waste; or\n- (ii) solid waste that does not have current test results; and\n- (i) the waste is of a type, or contains a constituent of a type, mentioned in schedule 9 , part 1 , column 1;\n- (ii) the category mentioned in schedule 9 , part 1 , column 2 opposite the type is category 1.\n- (a) the waste is solid waste; and\n- (b) current test results for the waste state that— (i) the pH of the waste is less than 2 or more than 12.5; or (ii) for a relevant substance mentioned in schedule 9 , part 2 , column 1, the concentration of the substance in the waste is more than the threshold mentioned in column 2 opposite the substance.\n- (i) the pH of the waste is less than 2 or more than 12.5; or\n- (ii) for a relevant substance mentioned in schedule 9 , part 2 , column 1, the concentration of the substance in the waste is more than the threshold mentioned in column 2 opposite the substance.\n- (i) the pH of the waste is less than 2 or more than 12.5; or\n- (ii) for a relevant substance mentioned in schedule 9 , part 2 , column 1, the concentration of the substance in the waste is more than the threshold mentioned in column 2 opposite the substance.","sortOrder":67},{"sectionNumber":"ch.5-pt.1-div.2","sectionType":"division","heading":"Testing waste","content":"## Testing waste","sortOrder":68},{"sectionNumber":"sec.44","sectionType":"section","heading":"Purpose of division","content":"### sec.44 Purpose of division\n\nThis division states requirements for sampling and testing commercial waste or industrial waste for working out whether the waste is—\ngeneral waste; or\ncategory 1 regulated waste; or\ncategory 2 regulated waste.\n- (a) general waste; or\n- (b) category 1 regulated waste; or\n- (c) category 2 regulated waste.","sortOrder":69},{"sectionNumber":"sec.45","sectionType":"section","heading":"Taking samples","content":"### sec.45 Taking samples\n\nA sample for the testing of commercial waste or industrial waste must be taken—\nby an appropriately qualified person; and\nunder a protocol.\n- (a) by an appropriately qualified person; and\n- (b) under a protocol.","sortOrder":70},{"sectionNumber":"sec.46","sectionType":"section","heading":"Testing samples","content":"### sec.46 Testing samples\n\nA sample of commercial waste or industrial waste must be tested—\nby an appropriately qualified person; and\nunder a protocol; and\nfor each relevant attribute; and\nfor each relevant substance.\n- (a) by an appropriately qualified person; and\n- (b) under a protocol; and\n- (c) for each relevant attribute; and\n- (d) for each relevant substance.","sortOrder":71},{"sectionNumber":"sec.47","sectionType":"section","heading":"Retesting of waste","content":"### sec.47 Retesting of waste\n\nAn authorised person may ask a person who generates waste to retest the waste under this division if the authorised person reasonably suspects—\nif the waste is general waste—the waste would, if retested under this division, become regulated waste; or\nif the waste is category 2 regulated waste—the waste would, if retested under this division, become category 1 regulated waste.\n- (a) if the waste is general waste—the waste would, if retested under this division, become regulated waste; or\n- (b) if the waste is category 2 regulated waste—the waste would, if retested under this division, become category 1 regulated waste.","sortOrder":72},{"sectionNumber":"sec.48","sectionType":"section","heading":"Results of testing","content":"### sec.48 Results of testing\n\nThe results ( test results ) of a test of commercial waste or industrial waste under section 46 are current for the waste from the date of the report for the test (the report date ) until the earliest of the following—\nthe end of 3 months after the report date;\nif an authorised person makes a request under section 47 —the date of the request;\nif the waste is retested under this division—the date of the report for the retest.\nTest results for waste generated by an activity continue to be current test results for further waste generated by the same activity until either of the following changes in a material way—\nthe activity;\nthe waste generated by the activity.\nMaterials of a different type or quality become involved in the generation of the waste.\nNew or different processes become involved in the generation of the waste.\nIn this section—\nreport , for a test, means a report, written by the person who conducted the test, stating the results of the test.\n(sec.48-ssec.1) The results ( test results ) of a test of commercial waste or industrial waste under section 46 are current for the waste from the date of the report for the test (the report date ) until the earliest of the following— the end of 3 months after the report date; if an authorised person makes a request under section 47 —the date of the request; if the waste is retested under this division—the date of the report for the retest.\n(sec.48-ssec.2) Test results for waste generated by an activity continue to be current test results for further waste generated by the same activity until either of the following changes in a material way— the activity; the waste generated by the activity. Materials of a different type or quality become involved in the generation of the waste. New or different processes become involved in the generation of the waste.\n(sec.48-ssec.3) In this section— report , for a test, means a report, written by the person who conducted the test, stating the results of the test.\n- (a) the end of 3 months after the report date;\n- (b) if an authorised person makes a request under section 47 —the date of the request;\n- (c) if the waste is retested under this division—the date of the report for the retest.\n- (a) the activity;\n- (b) the waste generated by the activity. Examples of when waste generated by an activity changes in a material way— 1 Materials of a different type or quality become involved in the generation of the waste. 2 New or different processes become involved in the generation of the waste.\n- 1 Materials of a different type or quality become involved in the generation of the waste.\n- 2 New or different processes become involved in the generation of the waste.\n- 1 Materials of a different type or quality become involved in the generation of the waste.\n- 2 New or different processes become involved in the generation of the waste.","sortOrder":73},{"sectionNumber":"sec.49","sectionType":"section","heading":"Offence relating to sampling and testing","content":"### sec.49 Offence relating to sampling and testing\n\nA person must not wilfully—\ntamper with a sample of waste taken under section 45 ; or\ninterfere with the testing of a sample of waste under section 46 ; or\notherwise jeopardise the accuracy of test results for waste.\nMaximum penalty—100 penalty units.\n- (a) tamper with a sample of waste taken under section 45 ; or\n- (b) interfere with the testing of a sample of waste under section 46 ; or\n- (c) otherwise jeopardise the accuracy of test results for waste.","sortOrder":74},{"sectionNumber":"ch.5-pt.1-div.3","sectionType":"division","heading":"Notification, reporting and record keeping","content":"## Notification, reporting and record keeping","sortOrder":75},{"sectionNumber":"sec.50","sectionType":"section","heading":"Definitions for division","content":"### sec.50 Definitions for division\n\nIn this division—\ngenerator , of tested waste, means the person who generates the waste.\nprescribed information , for a load of tested waste transported to a receiver, means information about—\nwhether the load is general waste or regulated waste; and\nif the load is regulated waste—whether the load is category 1 regulated waste or category 2 regulated waste; and\nthe current test results for the waste.\nreceiver , of tested waste, means a person to whom the waste is transported.\ntested waste means waste that has current test results.\n- (a) whether the load is general waste or regulated waste; and\n- (b) if the load is regulated waste—whether the load is category 1 regulated waste or category 2 regulated waste; and\n- (c) the current test results for the waste.","sortOrder":76},{"sectionNumber":"sec.51","sectionType":"section","heading":"Generator must notify and report changes","content":"### sec.51 Generator must notify and report changes\n\nThis section applies if—\non the retesting of general waste under division 2 , the waste becomes regulated waste; or\non the retesting of category 2 regulated waste under division 2 , the waste becomes category 1 regulated waste.\nThe generator of the waste must notify the administering authority of the change within 24 hours after receiving the test results for the retesting.\nMaximum penalty—20 penalty units.\nWithin 10 business days after receiving the test results for the retesting of the waste, the generator of the waste must give the administering authority a written report stating—\nthe test results for the retesting; and\nthe results of testing last carried out for the waste under division 2 before the test results mentioned in paragraph (a) were received; and\nthe results of any further testing of the waste to confirm the test results mentioned in paragraph (a) ; and\nif a load of the waste is being transported at the time of the change—details of the load, including the volume and destination of the load; and\nthe action, if any, the generator proposes to take as a result of the change.\nMaximum penalty—20 penalty units.\nA notice or report given by the generator under this section is not admissible in evidence against the generator in a prosecution for an offence against the Act .\nSubsection (4) does not prevent other evidence obtained because of the notice or report, or the giving of the notice or report, being admitted in any legal proceeding against the generator.\n(sec.51-ssec.1) This section applies if— on the retesting of general waste under division 2 , the waste becomes regulated waste; or on the retesting of category 2 regulated waste under division 2 , the waste becomes category 1 regulated waste.\n(sec.51-ssec.2) The generator of the waste must notify the administering authority of the change within 24 hours after receiving the test results for the retesting. Maximum penalty—20 penalty units.\n(sec.51-ssec.3) Within 10 business days after receiving the test results for the retesting of the waste, the generator of the waste must give the administering authority a written report stating— the test results for the retesting; and the results of testing last carried out for the waste under division 2 before the test results mentioned in paragraph (a) were received; and the results of any further testing of the waste to confirm the test results mentioned in paragraph (a) ; and if a load of the waste is being transported at the time of the change—details of the load, including the volume and destination of the load; and the action, if any, the generator proposes to take as a result of the change. Maximum penalty—20 penalty units.\n(sec.51-ssec.4) A notice or report given by the generator under this section is not admissible in evidence against the generator in a prosecution for an offence against the Act .\n(sec.51-ssec.5) Subsection (4) does not prevent other evidence obtained because of the notice or report, or the giving of the notice or report, being admitted in any legal proceeding against the generator.\n- (a) on the retesting of general waste under division 2 , the waste becomes regulated waste; or\n- (b) on the retesting of category 2 regulated waste under division 2 , the waste becomes category 1 regulated waste.\n- (a) the test results for the retesting; and\n- (b) the results of testing last carried out for the waste under division 2 before the test results mentioned in paragraph (a) were received; and\n- (c) the results of any further testing of the waste to confirm the test results mentioned in paragraph (a) ; and\n- (d) if a load of the waste is being transported at the time of the change—details of the load, including the volume and destination of the load; and\n- (e) the action, if any, the generator proposes to take as a result of the change.","sortOrder":77},{"sectionNumber":"sec.52","sectionType":"section","heading":"Generator must keep records","content":"### sec.52 Generator must keep records\n\nA generator of tested waste in the State must, for each load of the waste transported to a receiver, record the prescribed information for the load in the approved form.\nMaximum penalty—20 penalty units.\nThe generator must, before or when the load is given to a receiver, give the prescribed information for the load to the receiver.\nThe generator must keep the record mentioned in subsection (1) for at least 5 years.\nMaximum penalty—20 penalty units.\n(sec.52-ssec.1) A generator of tested waste in the State must, for each load of the waste transported to a receiver, record the prescribed information for the load in the approved form. Maximum penalty—20 penalty units.\n(sec.52-ssec.2) The generator must, before or when the load is given to a receiver, give the prescribed information for the load to the receiver.\n(sec.52-ssec.3) The generator must keep the record mentioned in subsection (1) for at least 5 years. Maximum penalty—20 penalty units.","sortOrder":78},{"sectionNumber":"sec.53","sectionType":"section","heading":"Receiver must keep records","content":"### sec.53 Receiver must keep records\n\nThis section applies if a receiver in the State is given a load of tested waste.\nThe receiver must, before or when the receiver is given the load, record the prescribed information for the load in the approved form.\nMaximum penalty—20 penalty units.\nWithin 24 hours after becoming aware of an omission or inaccuracy in the prescribed information, the receiver must give written notice of the omission or inaccuracy to the administering authority.\nMaximum penalty—20 penalty units.\nThe receiver must keep the record mentioned in subsection (2) for at least 5 years.\nMaximum penalty—20 penalty units.\n(sec.53-ssec.1) This section applies if a receiver in the State is given a load of tested waste.\n(sec.53-ssec.2) The receiver must, before or when the receiver is given the load, record the prescribed information for the load in the approved form. Maximum penalty—20 penalty units.\n(sec.53-ssec.3) Within 24 hours after becoming aware of an omission or inaccuracy in the prescribed information, the receiver must give written notice of the omission or inaccuracy to the administering authority. Maximum penalty—20 penalty units.\n(sec.53-ssec.4) The receiver must keep the record mentioned in subsection (2) for at least 5 years. Maximum penalty—20 penalty units.","sortOrder":79},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Public notice for notifying environmental harm","content":"# Public notice for notifying environmental harm","sortOrder":80},{"sectionNumber":"sec.54","sectionType":"section","heading":"Public notices— Act , s 320 , definition public notice","content":"### sec.54 Public notices— Act , s 320 , definition public notice\n\nThis section prescribes, for section 320 of the Act , definition public notice , the prescribed way to give public notice of an event under section 320C (3) (b) or 320D (3) (b) of the Act .\nThe prescribed way is a way likely to bring the event, its nature and the circumstances in which it happened to the attention of persons on the affected land.\nWithout limiting subsection (2) , the prescribed way includes—\nbroadcasting the notice by radio or television; and\npublishing the notice in a newspaper; and\ndisplaying the notice on a sign with a surface area of at least 1m 2 in the vicinity of the affected land.\nIn this section—\nevent means an event mentioned in section 320A (1) of the Act .\n(sec.54-ssec.1) This section prescribes, for section 320 of the Act , definition public notice , the prescribed way to give public notice of an event under section 320C (3) (b) or 320D (3) (b) of the Act .\n(sec.54-ssec.2) The prescribed way is a way likely to bring the event, its nature and the circumstances in which it happened to the attention of persons on the affected land.\n(sec.54-ssec.3) Without limiting subsection (2) , the prescribed way includes— broadcasting the notice by radio or television; and publishing the notice in a newspaper; and displaying the notice on a sign with a surface area of at least 1m 2 in the vicinity of the affected land.\n(sec.54-ssec.4) In this section— event means an event mentioned in section 320A (1) of the Act .\n- (a) broadcasting the notice by radio or television; and\n- (b) publishing the notice in a newspaper; and\n- (c) displaying the notice on a sign with a surface area of at least 1m 2 in the vicinity of the affected land.","sortOrder":81},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Contaminated land","content":"# Contaminated land","sortOrder":82},{"sectionNumber":"sec.55","sectionType":"section","heading":"Prescribed waste for notifiable activity— Act , sch 3","content":"### sec.55 Prescribed waste for notifiable activity— Act , sch 3\n\nRegulated waste is prescribed waste for schedule 3 , item 37 of the Act .","sortOrder":83},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Noise","content":"# Noise","sortOrder":84},{"sectionNumber":"ch.5-pt.4-div.1","sectionType":"division","heading":"Prescribed standards","content":"## Prescribed standards","sortOrder":85},{"sectionNumber":"sec.56","sectionType":"section","heading":"Prescribed standards for background level, Z Peak and Z Peak Hold","content":"### sec.56 Prescribed standards for background level, Z Peak and Z Peak Hold\n\nFor section 440K of the Act , definition background level , the prescribed standard is AS 1055.\nFor section 440K of the Act , definitions Z Peak and Z Peak Hold , the prescribed standard is AS IEC 61672.\nFor references to prescribed standards, see section 579C of the Act .\nA copy of the prescribed standards may be inspected, free of charge, during business hours at the department’s head office.\n(sec.56-ssec.1) For section 440K of the Act , definition background level , the prescribed standard is AS 1055.\n(sec.56-ssec.2) For section 440K of the Act , definitions Z Peak and Z Peak Hold , the prescribed standard is AS IEC 61672. For references to prescribed standards, see section 579C of the Act . A copy of the prescribed standards may be inspected, free of charge, during business hours at the department’s head office.\n- 1 For references to prescribed standards, see section 579C of the Act .\n- 2 A copy of the prescribed standards may be inspected, free of charge, during business hours at the department’s head office.","sortOrder":86},{"sectionNumber":"ch.5-pt.4-div.2","sectionType":"division","heading":"Measuring noise","content":"## Measuring noise","sortOrder":87},{"sectionNumber":"sec.57","sectionType":"section","heading":"Purpose of division","content":"### sec.57 Purpose of division\n\nThis division provides for ways in which noise may be measured to help in deciding whether an environmental nuisance has been caused, or a noise standard has been contravened, by an emission of noise.\nFor the offence about causing environmental nuisance, see section 440 of the Act .\nFor the offence about contravening a noise standard, see section 440Q of the Act .\n- 1 For the offence about causing environmental nuisance, see section 440 of the Act .\n- 2 For the offence about contravening a noise standard, see section 440Q of the Act .","sortOrder":88},{"sectionNumber":"sec.58","sectionType":"section","heading":"Definition for division","content":"### sec.58 Definition for division\n\nIn this division—\nsource noise means a noise from a person, place or thing that—\nis measured over a time interval of at least 15 minutes or, if the noise continues for less than 15 minutes, the duration of the source noise; and\nallows for adjustments under AS 1055 for tonal character and impulsiveness of sound; and\nis quoted to the nearest whole number of decibels.\n- (a) is measured over a time interval of at least 15 minutes or, if the noise continues for less than 15 minutes, the duration of the source noise; and\n- (b) allows for adjustments under AS 1055 for tonal character and impulsiveness of sound; and\n- (c) is quoted to the nearest whole number of decibels.","sortOrder":89},{"sectionNumber":"sec.59","sectionType":"section","heading":"Measuring background level","content":"### sec.59 Measuring background level\n\nBackground level may be measured by applying the relevant procedure under—\nAS 1055; or\nthe noise measurement manual.\n- (a) AS 1055; or\n- (b) the noise measurement manual.","sortOrder":90},{"sectionNumber":"sec.60","sectionType":"section","heading":"Measuring source noise","content":"### sec.60 Measuring source noise\n\nSource noise may be measured by applying the relevant procedure under—\nAS 1055; or\nthe noise measurement manual.\n- (a) AS 1055; or\n- (b) the noise measurement manual.","sortOrder":91},{"sectionNumber":"sec.61","sectionType":"section","heading":"Measuring source noise for particular noise standards","content":"### sec.61 Measuring source noise for particular noise standards\n\nSource noise for a noise standard under section 440T , 440U or 440V of the Act may be measured as L A90, T .\nSource noise for a noise standard under section 440W , 440X or 440Y of the Act may be measured as L Aeq,T .\nIn this section—\nL Aeq, T means the value of the A-weighted sound pressure level of a continuous steady sound that within a measurement time interval (T) has the same mean square sound pressure as a sound under consideration the level of which varies over time.\n(sec.61-ssec.1) Source noise for a noise standard under section 440T , 440U or 440V of the Act may be measured as L A90, T .\n(sec.61-ssec.2) Source noise for a noise standard under section 440W , 440X or 440Y of the Act may be measured as L Aeq,T .\n(sec.61-ssec.3) In this section— L Aeq, T means the value of the A-weighted sound pressure level of a continuous steady sound that within a measurement time interval (T) has the same mean square sound pressure as a sound under consideration the level of which varies over time.","sortOrder":92},{"sectionNumber":"sec.62","sectionType":"section","heading":"Measurement of noises of same type from same premises","content":"### sec.62 Measurement of noises of same type from same premises\n\nIf 2 or more noises of the same type happen simultaneously at the same premises, they may be measured as if they are 1 noise of that type happening at the premises.\nA number of concerts happen simultaneously at different places at the same premises. A building is affected by noise from more than 1 of the concerts. The noises may be measured as if they were from 1 concert.\nA premises is used as a stopover depot for trucks with refrigerators. A building is affected by noise from the use of more than 1 of the refrigerators. The noises may be measured as if they were from 1 refrigerator.\n- 1 A number of concerts happen simultaneously at different places at the same premises. A building is affected by noise from more than 1 of the concerts. The noises may be measured as if they were from 1 concert.\n- 2 A premises is used as a stopover depot for trucks with refrigerators. A building is affected by noise from the use of more than 1 of the refrigerators. The noises may be measured as if they were from 1 refrigerator.","sortOrder":93},{"sectionNumber":"sec.63","sectionType":"section","heading":"Prescribed instruments, equipment and installations— Act , s 490","content":"### sec.63 Prescribed instruments, equipment and installations— Act , s 490\n\nEach instrument, equipment or installation identified in AS IEC 61672 is prescribed for section 490 (8) of the Act .","sortOrder":94},{"sectionNumber":"sec.64","sectionType":"section","heading":"Evidentiary provision","content":"### sec.64 Evidentiary provision\n\nA copy of each of the following is admissible in evidence in a proceeding under the Act —\nAS 1055;\nthe noise measurement manual.\n- (a) AS 1055;\n- (b) the noise measurement manual.","sortOrder":95},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Water contamination","content":"# Water contamination","sortOrder":96},{"sectionNumber":"sec.65","sectionType":"section","heading":"Prescribed water contaminants— Act , s 440ZF","content":"### sec.65 Prescribed water contaminants— Act , s 440ZF\n\nFor section 440ZF of the Act , each of the contaminants mentioned in schedule 10 is prescribed as a contaminant for chapter 8 , part 3C of the Act .","sortOrder":97},{"sectionNumber":"ch.5-pt.6","sectionType":"part","heading":"Air contamination","content":"# Air contamination","sortOrder":98},{"sectionNumber":"sec.66","sectionType":"section","heading":"Prescribed standards for particular offences relating to air contamination","content":"### sec.66 Prescribed standards for particular offences relating to air contamination\n\nFor section 440ZL of the Act , an Australian and New Zealand standard as in force from time to time under each of the following designations (regardless of the edition or year of publication of the standard) is a prescribed standard—\nAS/NZS 4012 (Domestic solid fuel burning appliances–Method for determination of power output and efficiency);\nAS/NZS 4013 (Domestic solid fuel burning appliances–Method for determination of flue gas emission).\nFor references to prescribed standards, see section 579C of the Act .\nA copy of the prescribed standards may be inspected, free of charge, during business hours at the department’s head office.\n- (a) AS/NZS 4012 (Domestic solid fuel burning appliances–Method for determination of power output and efficiency);\n- (b) AS/NZS 4013 (Domestic solid fuel burning appliances–Method for determination of flue gas emission).\n- 1 For references to prescribed standards, see section 579C of the Act .\n- 2 A copy of the prescribed standards may be inspected, free of charge, during business hours at the department’s head office.","sortOrder":99},{"sectionNumber":"ch.5-pt.7","sectionType":"part","heading":"Record-keeping requirements for manufacture or import of fuel","content":"# Record-keeping requirements for manufacture or import of fuel","sortOrder":100},{"sectionNumber":"sec.67","sectionType":"section","heading":"Application of part","content":"### sec.67 Application of part\n\nThis part states the records that a person must keep under section 440ZY (2) of the Act .","sortOrder":101},{"sectionNumber":"sec.68","sectionType":"section","heading":"Records kept by manufacturer","content":"### sec.68 Records kept by manufacturer\n\nThis section applies if the person manufactures the fuel.\nThe person must keep records of the following matters—\nthe kind and grade of fuel manufactured, or its product code;\nthe quantity of fuel manufactured;\ndetails of any testing done on the fuel, including—\nthe date of each test; and\nrecords by which the fuel tested can be traced to delivery docket numbers for the fuel; and\nthe test methods used; and\nthe results of the tests;\nfor each supply of fuel—\nhow the fuel was supplied; and\nthe quantity supplied; and\nthe kind and grade of fuel, or its product code; and\nto whom it was supplied; and\ndelivery docket numbers;\nrecords by which the fuel supplied can be traced to delivery docket numbers for the fuel;\nrecords by which each receipt of fuel into the person’s tanks can be traced to fuel supplied from the tanks;\nstock reconciliation records.\nSubsection (2) (g) does not apply to fuel for which it is not possible for the person to keep separate reconciliation records.\n(sec.68-ssec.1) This section applies if the person manufactures the fuel.\n(sec.68-ssec.2) The person must keep records of the following matters— the kind and grade of fuel manufactured, or its product code; the quantity of fuel manufactured; details of any testing done on the fuel, including— the date of each test; and records by which the fuel tested can be traced to delivery docket numbers for the fuel; and the test methods used; and the results of the tests; for each supply of fuel— how the fuel was supplied; and the quantity supplied; and the kind and grade of fuel, or its product code; and to whom it was supplied; and delivery docket numbers; records by which the fuel supplied can be traced to delivery docket numbers for the fuel; records by which each receipt of fuel into the person’s tanks can be traced to fuel supplied from the tanks; stock reconciliation records.\n(sec.68-ssec.3) Subsection (2) (g) does not apply to fuel for which it is not possible for the person to keep separate reconciliation records.\n- (a) the kind and grade of fuel manufactured, or its product code;\n- (b) the quantity of fuel manufactured;\n- (c) details of any testing done on the fuel, including— (i) the date of each test; and (ii) records by which the fuel tested can be traced to delivery docket numbers for the fuel; and (iii) the test methods used; and (iv) the results of the tests;\n- (i) the date of each test; and\n- (ii) records by which the fuel tested can be traced to delivery docket numbers for the fuel; and\n- (iii) the test methods used; and\n- (iv) the results of the tests;\n- (d) for each supply of fuel— (i) how the fuel was supplied; and (ii) the quantity supplied; and (iii) the kind and grade of fuel, or its product code; and (iv) to whom it was supplied; and (v) delivery docket numbers;\n- (i) how the fuel was supplied; and\n- (ii) the quantity supplied; and\n- (iii) the kind and grade of fuel, or its product code; and\n- (iv) to whom it was supplied; and\n- (v) delivery docket numbers;\n- (e) records by which the fuel supplied can be traced to delivery docket numbers for the fuel;\n- (f) records by which each receipt of fuel into the person’s tanks can be traced to fuel supplied from the tanks;\n- (g) stock reconciliation records.\n- (i) the date of each test; and\n- (ii) records by which the fuel tested can be traced to delivery docket numbers for the fuel; and\n- (iii) the test methods used; and\n- (iv) the results of the tests;\n- (i) how the fuel was supplied; and\n- (ii) the quantity supplied; and\n- (iii) the kind and grade of fuel, or its product code; and\n- (iv) to whom it was supplied; and\n- (v) delivery docket numbers;","sortOrder":102},{"sectionNumber":"sec.69","sectionType":"section","heading":"Records kept by importer","content":"### sec.69 Records kept by importer\n\nThis section applies if the person imports the fuel.\nThe person must keep records of the following matters—\nthe kind and grade of fuel manufactured, or its product code;\nthe quantity of fuel manufactured;\ndetails of any testing done on the fuel, including—\nthe date of each test; and\nrecords by which the fuel tested can be traced to delivery docket numbers for the fuel; and\nthe test methods used; and\nthe results of the tests;\nfor each supply of fuel—\nhow the fuel was supplied; and\nthe quantity supplied; and\nthe kind and grade of fuel, or its product code; and\nto whom it was supplied; and\ndelivery docket numbers;\nrecords by which the fuel supplied can be traced to delivery docket numbers for the fuel;\nrecords by which each receipt of fuel into the person’s tanks can be traced to fuel supplied from the tanks;\nstock reconciliation records.\nSubsection (2) (g) does not apply to fuel for which it is not possible for the person to keep separate reconciliation records.\n(sec.69-ssec.1) This section applies if the person imports the fuel.\n(sec.69-ssec.2) The person must keep records of the following matters— the kind and grade of fuel manufactured, or its product code; the quantity of fuel manufactured; details of any testing done on the fuel, including— the date of each test; and records by which the fuel tested can be traced to delivery docket numbers for the fuel; and the test methods used; and the results of the tests; for each supply of fuel— how the fuel was supplied; and the quantity supplied; and the kind and grade of fuel, or its product code; and to whom it was supplied; and delivery docket numbers; records by which the fuel supplied can be traced to delivery docket numbers for the fuel; records by which each receipt of fuel into the person’s tanks can be traced to fuel supplied from the tanks; stock reconciliation records.\n(sec.69-ssec.3) Subsection (2) (g) does not apply to fuel for which it is not possible for the person to keep separate reconciliation records.\n- (a) the kind and grade of fuel manufactured, or its product code;\n- (b) the quantity of fuel manufactured;\n- (c) details of any testing done on the fuel, including— (i) the date of each test; and (ii) records by which the fuel tested can be traced to delivery docket numbers for the fuel; and (iii) the test methods used; and (iv) the results of the tests;\n- (i) the date of each test; and\n- (ii) records by which the fuel tested can be traced to delivery docket numbers for the fuel; and\n- (iii) the test methods used; and\n- (iv) the results of the tests;\n- (d) for each supply of fuel— (i) how the fuel was supplied; and (ii) the quantity supplied; and (iii) the kind and grade of fuel, or its product code; and (iv) to whom it was supplied; and (v) delivery docket numbers;\n- (i) how the fuel was supplied; and\n- (ii) the quantity supplied; and\n- (iii) the kind and grade of fuel, or its product code; and\n- (iv) to whom it was supplied; and\n- (v) delivery docket numbers;\n- (e) records by which the fuel supplied can be traced to delivery docket numbers for the fuel;\n- (f) records by which each receipt of fuel into the person’s tanks can be traced to fuel supplied from the tanks;\n- (g) stock reconciliation records.\n- (i) the date of each test; and\n- (ii) records by which the fuel tested can be traced to delivery docket numbers for the fuel; and\n- (iii) the test methods used; and\n- (iv) the results of the tests;\n- (i) how the fuel was supplied; and\n- (ii) the quantity supplied; and\n- (iii) the kind and grade of fuel, or its product code; and\n- (iv) to whom it was supplied; and\n- (v) delivery docket numbers;","sortOrder":103},{"sectionNumber":"ch.5-pt.8","sectionType":"part","heading":"Statutory condition for environmental authority for particular resource activities","content":"# Statutory condition for environmental authority for particular resource activities","sortOrder":104},{"sectionNumber":"sec.70","sectionType":"section","heading":"Prescribed maximum amount for chemicals— Act , s 206","content":"### sec.70 Prescribed maximum amount for chemicals— Act , s 206\n\nFor section 206 (4) of the Act , definition restricted stimulation fluids , paragraph (a) , the maximum amounts are as follows—\nfor benzene—1 part in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid;\nfor ethylbenzene—80 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid;\nfor toluene—180 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid;\nfor m-xylene—75 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid;\nfor o-xylene—350 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid;\nfor p-xylene—200 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid.\nFor section 206 (4) of the Act , definition restricted stimulation fluids , paragraph (b) , the maximum amount of a chemical is the amount of the chemical that produces or would be likely to produce, whether on its own or in combination with another chemical, more than any of the following as it breaks down in the environment—\n1 part in a billion of benzene;\n80 parts in a billion of ethylbenzene;\n180 parts in a billion of toluene;\n75 parts in a billion of m-xylene;\n350 parts in a billion of o-xylene;\n200 parts in a billion of p-xylene.\nTo remove any doubt, it is declared that the amount of a chemical mentioned in subsection (1) or (2) is not measured in relation to water included in the restricted stimulation fluid.\n(sec.70-ssec.1) For section 206 (4) of the Act , definition restricted stimulation fluids , paragraph (a) , the maximum amounts are as follows— for benzene—1 part in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid; for ethylbenzene—80 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid; for toluene—180 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid; for m-xylene—75 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid; for o-xylene—350 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid; for p-xylene—200 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid.\n(sec.70-ssec.2) For section 206 (4) of the Act , definition restricted stimulation fluids , paragraph (b) , the maximum amount of a chemical is the amount of the chemical that produces or would be likely to produce, whether on its own or in combination with another chemical, more than any of the following as it breaks down in the environment— 1 part in a billion of benzene; 80 parts in a billion of ethylbenzene; 180 parts in a billion of toluene; 75 parts in a billion of m-xylene; 350 parts in a billion of o-xylene; 200 parts in a billion of p-xylene.\n(sec.70-ssec.3) To remove any doubt, it is declared that the amount of a chemical mentioned in subsection (1) or (2) is not measured in relation to water included in the restricted stimulation fluid.\n- (a) for benzene—1 part in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid;\n- (b) for ethylbenzene—80 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid;\n- (c) for toluene—180 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid;\n- (d) for m-xylene—75 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid;\n- (e) for o-xylene—350 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid;\n- (f) for p-xylene—200 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid.\n- (a) 1 part in a billion of benzene;\n- (b) 80 parts in a billion of ethylbenzene;\n- (c) 180 parts in a billion of toluene;\n- (d) 75 parts in a billion of m-xylene;\n- (e) 350 parts in a billion of o-xylene;\n- (f) 200 parts in a billion of p-xylene.","sortOrder":105},{"sectionNumber":"ch.5-pt.9","sectionType":"part","heading":"Waste tracking","content":"# Waste tracking","sortOrder":106},{"sectionNumber":"ch.5-pt.9-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":107},{"sectionNumber":"sec.71","sectionType":"section","heading":"Waste transportation to which this part applies","content":"### sec.71 Waste transportation to which this part applies\n\nThis part applies to the transportation of regulated waste of a type stated in schedule 11 ( trackable waste ).\nHowever, this part does not apply to—\nthe non-commercial transportation of less than 250kg of trackable waste; or\nthe transportation of trackable waste in a pipeline; or\nthe transportation of trackable waste under an exemption given by the administering authority under section 94 ; or\nthe transportation of trackable waste in a container if—\nthe amount of trackable waste is not more than 5% of the capacity of the container; and\nthe container is being transported to a place to be refilled with the same substance as the waste, without undergoing a process before the refilling; or\nthe transportation of fly ash from a power station to a place for use in the treatment of waste in a way that involves combining the waste with the ash; or\nthe transportation of trackable waste to an accredited laboratory for analysis; or\nthe transportation of trackable waste in an emergency, if the transportation is to protect the environment, human health or property; or\nthe transportation of chemicals from a farm if—\nthe chemicals are transported by—\nthe owner or occupier of the farm; or\nanother person for free; and\nthe chemicals are being transported to a place that disposes of agricultural or veterinary chemicals in accordance with a product stewardship; or\nthe transportation of trackable waste in accordance with a product recall—\nby the Australian Pesticides and Veterinary Medicines Authority; or\nreported to Food Standards Australia New Zealand; or\nby the Therapeutic Goods Administration; or\nthe transportation of trackable waste to a place for use as stock food; or\nthe transportation of trackable waste to a farm for use as a soil conditioner or fertiliser.\nIn this section—\naccredited laboratory means a laboratory accredited by the National Association of Testing Authorities.\n(sec.71-ssec.1) This part applies to the transportation of regulated waste of a type stated in schedule 11 ( trackable waste ).\n(sec.71-ssec.2) However, this part does not apply to— the non-commercial transportation of less than 250kg of trackable waste; or the transportation of trackable waste in a pipeline; or the transportation of trackable waste under an exemption given by the administering authority under section 94 ; or the transportation of trackable waste in a container if— the amount of trackable waste is not more than 5% of the capacity of the container; and the container is being transported to a place to be refilled with the same substance as the waste, without undergoing a process before the refilling; or the transportation of fly ash from a power station to a place for use in the treatment of waste in a way that involves combining the waste with the ash; or the transportation of trackable waste to an accredited laboratory for analysis; or the transportation of trackable waste in an emergency, if the transportation is to protect the environment, human health or property; or the transportation of chemicals from a farm if— the chemicals are transported by— the owner or occupier of the farm; or another person for free; and the chemicals are being transported to a place that disposes of agricultural or veterinary chemicals in accordance with a product stewardship; or the transportation of trackable waste in accordance with a product recall— by the Australian Pesticides and Veterinary Medicines Authority; or reported to Food Standards Australia New Zealand; or by the Therapeutic Goods Administration; or the transportation of trackable waste to a place for use as stock food; or the transportation of trackable waste to a farm for use as a soil conditioner or fertiliser.\n(sec.71-ssec.3) In this section— accredited laboratory means a laboratory accredited by the National Association of Testing Authorities.\n- (a) the non-commercial transportation of less than 250kg of trackable waste; or\n- (b) the transportation of trackable waste in a pipeline; or\n- (c) the transportation of trackable waste under an exemption given by the administering authority under section 94 ; or\n- (d) the transportation of trackable waste in a container if— (i) the amount of trackable waste is not more than 5% of the capacity of the container; and (ii) the container is being transported to a place to be refilled with the same substance as the waste, without undergoing a process before the refilling; or\n- (i) the amount of trackable waste is not more than 5% of the capacity of the container; and\n- (ii) the container is being transported to a place to be refilled with the same substance as the waste, without undergoing a process before the refilling; or\n- (e) the transportation of fly ash from a power station to a place for use in the treatment of waste in a way that involves combining the waste with the ash; or\n- (f) the transportation of trackable waste to an accredited laboratory for analysis; or\n- (g) the transportation of trackable waste in an emergency, if the transportation is to protect the environment, human health or property; or\n- (h) the transportation of chemicals from a farm if— (i) the chemicals are transported by— (A) the owner or occupier of the farm; or (B) another person for free; and (ii) the chemicals are being transported to a place that disposes of agricultural or veterinary chemicals in accordance with a product stewardship; or\n- (i) the chemicals are transported by— (A) the owner or occupier of the farm; or (B) another person for free; and\n- (A) the owner or occupier of the farm; or\n- (B) another person for free; and\n- (ii) the chemicals are being transported to a place that disposes of agricultural or veterinary chemicals in accordance with a product stewardship; or\n- (i) the transportation of trackable waste in accordance with a product recall— (i) by the Australian Pesticides and Veterinary Medicines Authority; or (ii) reported to Food Standards Australia New Zealand; or (iii) by the Therapeutic Goods Administration; or\n- (i) by the Australian Pesticides and Veterinary Medicines Authority; or\n- (ii) reported to Food Standards Australia New Zealand; or\n- (iii) by the Therapeutic Goods Administration; or\n- (j) the transportation of trackable waste to a place for use as stock food; or\n- (k) the transportation of trackable waste to a farm for use as a soil conditioner or fertiliser.\n- (i) the amount of trackable waste is not more than 5% of the capacity of the container; and\n- (ii) the container is being transported to a place to be refilled with the same substance as the waste, without undergoing a process before the refilling; or\n- (i) the chemicals are transported by— (A) the owner or occupier of the farm; or (B) another person for free; and\n- (A) the owner or occupier of the farm; or\n- (B) another person for free; and\n- (ii) the chemicals are being transported to a place that disposes of agricultural or veterinary chemicals in accordance with a product stewardship; or\n- (A) the owner or occupier of the farm; or\n- (B) another person for free; and\n- (i) by the Australian Pesticides and Veterinary Medicines Authority; or\n- (ii) reported to Food Standards Australia New Zealand; or\n- (iii) by the Therapeutic Goods Administration; or","sortOrder":108},{"sectionNumber":"sec.72","sectionType":"section","heading":"Meaning of waste handler , generator , transporter and receiver","content":"### sec.72 Meaning of waste handler , generator , transporter and receiver\n\nIf there is a transportation of trackable waste to which this part applies, each of the following persons is a waste handler for the waste—\nthe person (the generator ) from whom the trackable waste is transported (whether the person generated the waste or received it from someone else);\nthe person (the transporter ) who transports the waste;\nthe person (the receiver ) to whom the waste is transported.\nIf a person acts in more than 1 of the capacities mentioned in subsection (1) , the person must comply with this part for each of the capacities.\nA person generates a load of trackable waste and transports it to someone else for treatment. The first person must comply with this part, in relation to the load, as both the generator and transporter of the waste.\n(sec.72-ssec.1) If there is a transportation of trackable waste to which this part applies, each of the following persons is a waste handler for the waste— the person (the generator ) from whom the trackable waste is transported (whether the person generated the waste or received it from someone else); the person (the transporter ) who transports the waste; the person (the receiver ) to whom the waste is transported.\n(sec.72-ssec.2) If a person acts in more than 1 of the capacities mentioned in subsection (1) , the person must comply with this part for each of the capacities. A person generates a load of trackable waste and transports it to someone else for treatment. The first person must comply with this part, in relation to the load, as both the generator and transporter of the waste.\n- (a) the person (the generator ) from whom the trackable waste is transported (whether the person generated the waste or received it from someone else);\n- (b) the person (the transporter ) who transports the waste;\n- (c) the person (the receiver ) to whom the waste is transported.","sortOrder":109},{"sectionNumber":"sec.73","sectionType":"section","heading":"Fee for giving prescribed information","content":"### sec.73 Fee for giving prescribed information\n\nA waste handler must pay the fee stated in this section to the chief executive when the waste handler gives prescribed information about the transportation of trackable waste to the administering authority.\nThe fee is—\nfor information given in the way prescribed under section 75 (a) —5.30 fee units; or\nfor information given in the way prescribed under section 75 (b) —3.15 fee units; or\nfor information given in the way prescribed under section 75 (c) or (d) —2.24 fee units for each load of trackable waste mentioned in the form used to give the information.\ns 73 amd 2020 SL No. 110 s 7 ; 2021 SL No. 90 s 6 ; 2022 SL No. 17 s 7\n(sec.73-ssec.1) A waste handler must pay the fee stated in this section to the chief executive when the waste handler gives prescribed information about the transportation of trackable waste to the administering authority.\n(sec.73-ssec.2) The fee is— for information given in the way prescribed under section 75 (a) —5.30 fee units; or for information given in the way prescribed under section 75 (b) —3.15 fee units; or for information given in the way prescribed under section 75 (c) or (d) —2.24 fee units for each load of trackable waste mentioned in the form used to give the information.\n- (a) for information given in the way prescribed under section 75 (a) —5.30 fee units; or\n- (b) for information given in the way prescribed under section 75 (b) —3.15 fee units; or\n- (c) for information given in the way prescribed under section 75 (c) or (d) —2.24 fee units for each load of trackable waste mentioned in the form used to give the information.","sortOrder":110},{"sectionNumber":"ch.5-pt.9-div.2","sectionType":"division","heading":"Prescribed matters for giving of information","content":"## Prescribed matters for giving of information","sortOrder":111},{"sectionNumber":"sec.74","sectionType":"section","heading":"Prescribed information","content":"### sec.74 Prescribed information\n\nThe prescribed information that a waste handler must record, or give to the administering authority or another waste handler, is the information stated in schedule 12 relating to the waste handler.","sortOrder":112},{"sectionNumber":"sec.75","sectionType":"section","heading":"Prescribed way of giving information","content":"### sec.75 Prescribed way of giving information\n\nThe prescribed way of giving prescribed information about the transportation of trackable waste is giving the information—\nusing the paper form of the prescribed form; or\nusing the electronic form of the prescribed form, by electronically transmitting the form to the administering authority using the online system on the department’s website; or\nusing the electronic spreadsheet form of the prescribed form, by electronically transmitting the form to the administering authority using the online system on the department’s website; or\nin a way approved under section 92 .\n- (a) using the paper form of the prescribed form; or\n- (b) using the electronic form of the prescribed form, by electronically transmitting the form to the administering authority using the online system on the department’s website; or\n- (c) using the electronic spreadsheet form of the prescribed form, by electronically transmitting the form to the administering authority using the online system on the department’s website; or\n- (d) in a way approved under section 92 .","sortOrder":113},{"sectionNumber":"sec.76","sectionType":"section","heading":"Prescribed period for giving information","content":"### sec.76 Prescribed period for giving information\n\nThe prescribed period for giving prescribed information about waste to the administering authority is—\nif the information is given in the prescribed form—\nfor information given in the way prescribed under section 75 (a) or (b) —7 days; or\nfor information given in the way prescribed under section 75 (c) —7 days after the end of the month in which the transportation of the trackable waste ended; or\nif the information is given in a way approved by the administering authority under section 92 —the period stated by the administering authority in the approval.\n- (a) if the information is given in the prescribed form— (i) for information given in the way prescribed under section 75 (a) or (b) —7 days; or (ii) for information given in the way prescribed under section 75 (c) —7 days after the end of the month in which the transportation of the trackable waste ended; or\n- (i) for information given in the way prescribed under section 75 (a) or (b) —7 days; or\n- (ii) for information given in the way prescribed under section 75 (c) —7 days after the end of the month in which the transportation of the trackable waste ended; or\n- (b) if the information is given in a way approved by the administering authority under section 92 —the period stated by the administering authority in the approval.\n- (i) for information given in the way prescribed under section 75 (a) or (b) —7 days; or\n- (ii) for information given in the way prescribed under section 75 (c) —7 days after the end of the month in which the transportation of the trackable waste ended; or","sortOrder":114},{"sectionNumber":"ch.5-pt.9-div.3","sectionType":"division","heading":"Obligations of waste handlers","content":"## Obligations of waste handlers","sortOrder":115},{"sectionNumber":"sec.77","sectionType":"section","heading":"Application of subdivision","content":"### sec.77 Application of subdivision\n\nThis subdivision applies to the transportation of trackable waste from a generator in Queensland to a receiver in Queensland.","sortOrder":116},{"sectionNumber":"sec.78","sectionType":"section","heading":"Responsibilities of generator","content":"### sec.78 Responsibilities of generator\n\nWhen the generator gives the waste to the transporter, the generator must—\ngive the transporter the prescribed information about the waste in the prescribed form; and\nrecord the prescribed information about the waste.\nMaximum penalty—20 penalty units.\nThe generator must give the prescribed information about the waste to the administering authority in the prescribed way and within the prescribed period after giving the waste to the transporter.\nMaximum penalty—20 penalty units.\nThe generator must keep the record mentioned in subsection (1) (b) for at least 5 years.\nMaximum penalty—20 penalty units.\n(sec.78-ssec.1) When the generator gives the waste to the transporter, the generator must— give the transporter the prescribed information about the waste in the prescribed form; and record the prescribed information about the waste. Maximum penalty—20 penalty units.\n(sec.78-ssec.2) The generator must give the prescribed information about the waste to the administering authority in the prescribed way and within the prescribed period after giving the waste to the transporter. Maximum penalty—20 penalty units.\n(sec.78-ssec.3) The generator must keep the record mentioned in subsection (1) (b) for at least 5 years. Maximum penalty—20 penalty units.\n- (a) give the transporter the prescribed information about the waste in the prescribed form; and\n- (b) record the prescribed information about the waste.","sortOrder":117},{"sectionNumber":"sec.79","sectionType":"section","heading":"Responsibilities of transporter","content":"### sec.79 Responsibilities of transporter\n\nWhile transporting the waste in Queensland, the transporter must carry a document containing the information received from the generator under section 78 (1) (a) .\nMaximum penalty—20 penalty units.\nWhen the transporter gives the waste to the receiver, the transporter must—\ngive the receiver the prescribed information about the waste; and\nrecord the prescribed information about the waste.\nMaximum penalty—20 penalty units.\nWithin 7 days after becoming aware of a discrepancy in information received from the generator under section 78 (1) (a) , the transporter must give written notice of the discrepancy to the administering authority.\nMaximum penalty—20 penalty units.\nThe transporter must keep the record mentioned in subsection (2) (b) for at least 5 years.\nMaximum penalty—20 penalty units.\n(sec.79-ssec.1) While transporting the waste in Queensland, the transporter must carry a document containing the information received from the generator under section 78 (1) (a) . Maximum penalty—20 penalty units.\n(sec.79-ssec.2) When the transporter gives the waste to the receiver, the transporter must— give the receiver the prescribed information about the waste; and record the prescribed information about the waste. Maximum penalty—20 penalty units.\n(sec.79-ssec.3) Within 7 days after becoming aware of a discrepancy in information received from the generator under section 78 (1) (a) , the transporter must give written notice of the discrepancy to the administering authority. Maximum penalty—20 penalty units.\n(sec.79-ssec.4) The transporter must keep the record mentioned in subsection (2) (b) for at least 5 years. Maximum penalty—20 penalty units.\n- (a) give the receiver the prescribed information about the waste; and\n- (b) record the prescribed information about the waste.","sortOrder":118},{"sectionNumber":"sec.80","sectionType":"section","heading":"Responsibilities of receiver","content":"### sec.80 Responsibilities of receiver\n\nWhen the transporter gives the waste to the receiver, the receiver must record the prescribed information about the waste.\nMaximum penalty—20 penalty units.\nThe receiver must give the prescribed information about the waste to the administering authority in the prescribed way and within the prescribed period after receiving the waste from the transporter.\nMaximum penalty—20 penalty units.\nWithin 7 days after becoming aware of a discrepancy in the information received from the transporter under section 79 (2) (a) , the receiver must give written notice of the discrepancy to the administering authority.\nMaximum penalty—20 penalty units.\nThe receiver must keep the record mentioned in subsection (1) for at least 5 years.\nMaximum penalty—20 penalty units.\n(sec.80-ssec.1) When the transporter gives the waste to the receiver, the receiver must record the prescribed information about the waste. Maximum penalty—20 penalty units.\n(sec.80-ssec.2) The receiver must give the prescribed information about the waste to the administering authority in the prescribed way and within the prescribed period after receiving the waste from the transporter. Maximum penalty—20 penalty units.\n(sec.80-ssec.3) Within 7 days after becoming aware of a discrepancy in the information received from the transporter under section 79 (2) (a) , the receiver must give written notice of the discrepancy to the administering authority. Maximum penalty—20 penalty units.\n(sec.80-ssec.4) The receiver must keep the record mentioned in subsection (1) for at least 5 years. Maximum penalty—20 penalty units.","sortOrder":119},{"sectionNumber":"sec.81","sectionType":"section","heading":"Responsibilities of waste handler acting in more than 1 capacity","content":"### sec.81 Responsibilities of waste handler acting in more than 1 capacity\n\nIf a person is both the generator and the transporter—\nsection 78 (1) (a) does not apply; and\nsection 78 otherwise applies as if a reference to the generator giving the waste to the transporter were a reference to the person starting the transportation; and\nsection 79 (1) applies as if a reference to the information received from the generator were a reference to the information recorded by the person; and\nsection 79 (3) does not apply.\nIf a person is both the transporter and the receiver—\nsection 79 (2) (a) does not apply; and\nsection 80 (3) does not apply; and\nsections 79 and 80 otherwise apply as if a reference to the transporter giving the waste to the receiver were a reference to the person completing the transportation of the waste.\n(sec.81-ssec.1) If a person is both the generator and the transporter— section 78 (1) (a) does not apply; and section 78 otherwise applies as if a reference to the generator giving the waste to the transporter were a reference to the person starting the transportation; and section 79 (1) applies as if a reference to the information received from the generator were a reference to the information recorded by the person; and section 79 (3) does not apply.\n(sec.81-ssec.2) If a person is both the transporter and the receiver— section 79 (2) (a) does not apply; and section 80 (3) does not apply; and sections 79 and 80 otherwise apply as if a reference to the transporter giving the waste to the receiver were a reference to the person completing the transportation of the waste.\n- (a) section 78 (1) (a) does not apply; and\n- (b) section 78 otherwise applies as if a reference to the generator giving the waste to the transporter were a reference to the person starting the transportation; and\n- (c) section 79 (1) applies as if a reference to the information received from the generator were a reference to the information recorded by the person; and\n- (d) section 79 (3) does not apply.\n- (a) section 79 (2) (a) does not apply; and\n- (b) section 80 (3) does not apply; and\n- (c) sections 79 and 80 otherwise apply as if a reference to the transporter giving the waste to the receiver were a reference to the person completing the transportation of the waste.","sortOrder":120},{"sectionNumber":"sec.82","sectionType":"section","heading":"Application of subdivision","content":"### sec.82 Application of subdivision\n\nThis subdivision applies to the transportation of trackable waste from a generator outside Queensland to a receiver in Queensland.","sortOrder":121},{"sectionNumber":"sec.83","sectionType":"section","heading":"Responsibilities of transporter","content":"### sec.83 Responsibilities of transporter\n\nThe transporter must not transport the waste into Queensland unless the administering executive has, under section 93 , assigned a consignment number to—\nthe load being transported; or\nthe loads being transported over a 12-month period.\nMaximum penalty—20 penalty units.\nBefore transporting the waste into Queensland, the transporter must obtain from the generator the information about the waste mentioned in schedule 12 , section 1 (2) , other than the generator’s identification number and a unique identifier for the load.\nWhile transporting the waste in Queensland, the transporter must carry a document—\nstating the consignment number assigned to the load by the administering executive; and\ncontaining the information mentioned in subsection (2) .\nMaximum penalty—20 penalty units.\nWhen the transporter gives the waste to the receiver, the transporter must—\ngive the receiver the prescribed information about the waste; and\nrecord the prescribed information about the waste.\nMaximum penalty—20 penalty units.\nWithin 7 days after becoming aware of a discrepancy in information obtained under subsection (2) , the transporter must give written notice of the discrepancy to the administering authority.\nMaximum penalty—20 penalty units.\nThe transporter must keep the record mentioned in subsection (4) (b) for at least 5 years.\nMaximum penalty—20 penalty units.\n(sec.83-ssec.1) The transporter must not transport the waste into Queensland unless the administering executive has, under section 93 , assigned a consignment number to— the load being transported; or the loads being transported over a 12-month period. Maximum penalty—20 penalty units.\n(sec.83-ssec.2) Before transporting the waste into Queensland, the transporter must obtain from the generator the information about the waste mentioned in schedule 12 , section 1 (2) , other than the generator’s identification number and a unique identifier for the load.\n(sec.83-ssec.3) While transporting the waste in Queensland, the transporter must carry a document— stating the consignment number assigned to the load by the administering executive; and containing the information mentioned in subsection (2) . Maximum penalty—20 penalty units.\n(sec.83-ssec.4) When the transporter gives the waste to the receiver, the transporter must— give the receiver the prescribed information about the waste; and record the prescribed information about the waste. Maximum penalty—20 penalty units.\n(sec.83-ssec.5) Within 7 days after becoming aware of a discrepancy in information obtained under subsection (2) , the transporter must give written notice of the discrepancy to the administering authority. Maximum penalty—20 penalty units.\n(sec.83-ssec.6) The transporter must keep the record mentioned in subsection (4) (b) for at least 5 years. Maximum penalty—20 penalty units.\n- (a) the load being transported; or\n- (b) the loads being transported over a 12-month period.\n- (a) stating the consignment number assigned to the load by the administering executive; and\n- (b) containing the information mentioned in subsection (2) .\n- (a) give the receiver the prescribed information about the waste; and\n- (b) record the prescribed information about the waste.","sortOrder":122},{"sectionNumber":"sec.84","sectionType":"section","heading":"Responsibilities of receiver","content":"### sec.84 Responsibilities of receiver\n\nWhen the transporter gives the waste to the receiver, the receiver must record the prescribed information about the waste.\nMaximum penalty—20 penalty units.\nThe receiver must give the prescribed information about the waste to the administering authority in the prescribed way and within the prescribed period after receiving the waste from the transporter.\nMaximum penalty—20 penalty units.\nWithin 7 days after becoming aware of a discrepancy in the information received from the transporter under section 83 (4) (a) , the receiver must give written notice of the discrepancy to the administering authority.\nMaximum penalty—20 penalty units.\nThe receiver must keep the record mentioned in subsection (1) for at least 5 years.\nMaximum penalty—20 penalty units.\n(sec.84-ssec.1) When the transporter gives the waste to the receiver, the receiver must record the prescribed information about the waste. Maximum penalty—20 penalty units.\n(sec.84-ssec.2) The receiver must give the prescribed information about the waste to the administering authority in the prescribed way and within the prescribed period after receiving the waste from the transporter. Maximum penalty—20 penalty units.\n(sec.84-ssec.3) Within 7 days after becoming aware of a discrepancy in the information received from the transporter under section 83 (4) (a) , the receiver must give written notice of the discrepancy to the administering authority. Maximum penalty—20 penalty units.\n(sec.84-ssec.4) The receiver must keep the record mentioned in subsection (1) for at least 5 years. Maximum penalty—20 penalty units.","sortOrder":123},{"sectionNumber":"sec.85","sectionType":"section","heading":"Responsibilities of waste handler acting in more than 1 capacity","content":"### sec.85 Responsibilities of waste handler acting in more than 1 capacity\n\nIf a person is both the transporter and the receiver—\nsection 83 (4) (a) does not apply; and\nsection 84 (3) does not apply; and\nsections 83 and 84 otherwise apply as if a reference to the transporter giving the waste to the receiver were a reference to the person completing the transportation of the waste.\n- (a) section 83 (4) (a) does not apply; and\n- (b) section 84 (3) does not apply; and\n- (c) sections 83 and 84 otherwise apply as if a reference to the transporter giving the waste to the receiver were a reference to the person completing the transportation of the waste.","sortOrder":124},{"sectionNumber":"sec.86","sectionType":"section","heading":"Application of subdivision","content":"### sec.86 Application of subdivision\n\nThis subdivision applies to the transportation of trackable waste from a generator in Queensland to a receiver outside Queensland.","sortOrder":125},{"sectionNumber":"sec.87","sectionType":"section","heading":"Responsibilities of generator","content":"### sec.87 Responsibilities of generator\n\nWhen the generator gives the waste to the transporter, the generator must—\ngive the transporter the prescribed information about the waste; and\nrecord the prescribed information about the waste.\nMaximum penalty—20 penalty units.\nThe generator must give the prescribed information about the waste to the administering authority in the prescribed way and within the prescribed period after giving the waste to the transporter.\nMaximum penalty—20 penalty units.\nThe generator must keep the record mentioned in subsection (1) (b) for at least 5 years.\nMaximum penalty—20 penalty units.\n(sec.87-ssec.1) When the generator gives the waste to the transporter, the generator must— give the transporter the prescribed information about the waste; and record the prescribed information about the waste. Maximum penalty—20 penalty units.\n(sec.87-ssec.2) The generator must give the prescribed information about the waste to the administering authority in the prescribed way and within the prescribed period after giving the waste to the transporter. Maximum penalty—20 penalty units.\n(sec.87-ssec.3) The generator must keep the record mentioned in subsection (1) (b) for at least 5 years. Maximum penalty—20 penalty units.\n- (a) give the transporter the prescribed information about the waste; and\n- (b) record the prescribed information about the waste.","sortOrder":126},{"sectionNumber":"sec.88","sectionType":"section","heading":"Responsibilities of transporter","content":"### sec.88 Responsibilities of transporter\n\nWhile transporting the waste in Queensland, the transporter must carry a document containing the information received from the generator under section 87 (1) (a) .\nMaximum penalty—20 penalty units.\nWithin 7 days after becoming aware of a discrepancy in information received from the generator under section 87 (1) (a) , the transporter must give written notice of the discrepancy to the administering authority.\nMaximum penalty—20 penalty units.\n(sec.88-ssec.1) While transporting the waste in Queensland, the transporter must carry a document containing the information received from the generator under section 87 (1) (a) . Maximum penalty—20 penalty units.\n(sec.88-ssec.2) Within 7 days after becoming aware of a discrepancy in information received from the generator under section 87 (1) (a) , the transporter must give written notice of the discrepancy to the administering authority. Maximum penalty—20 penalty units.","sortOrder":127},{"sectionNumber":"sec.89","sectionType":"section","heading":"Responsibilities of waste handler acting in more than 1 capacity","content":"### sec.89 Responsibilities of waste handler acting in more than 1 capacity\n\nIf a person is both the generator and the transporter—\nsection 87 (1) (a) does not apply; and\nsection 87 otherwise applies as if a reference to the generator giving the waste to the transporter were a reference to the person starting the transportation of the waste; and\nsection 88 (1) applies as if a reference to the information received from the generator were a reference to the information recorded by the person; and\nsection 88 (2) does not apply.\n- (a) section 87 (1) (a) does not apply; and\n- (b) section 87 otherwise applies as if a reference to the generator giving the waste to the transporter were a reference to the person starting the transportation of the waste; and\n- (c) section 88 (1) applies as if a reference to the information received from the generator were a reference to the information recorded by the person; and\n- (d) section 88 (2) does not apply.","sortOrder":128},{"sectionNumber":"ch.5-pt.9-div.4","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":129},{"sectionNumber":"sec.90","sectionType":"section","heading":"Application of provisions to agents","content":"### sec.90 Application of provisions to agents\n\nThis section applies if—\na waste handler is required by a provision of division 3 (a waste tracking provision ) to do something; and\nthe waste handler enters into a written agreement with another person (the agent ) to do the thing for the waste handler; and\nthe agreement states the agent is aware of subsection (3) .\nIn a proceeding for an offence against a waste tracking provision, it is a defence for the waste handler to show—\nthe waste handler entered into the agreement with the agent; and\nthe contravention was directly caused by a failure of the agent to do something in compliance with the agreement.\nThe waste tracking provision applies to the agent, to the extent the agent has agreed to do something required by the provision, as if a reference in the provision to the waste handler were a reference to the agent.\n(sec.90-ssec.1) This section applies if— a waste handler is required by a provision of division 3 (a waste tracking provision ) to do something; and the waste handler enters into a written agreement with another person (the agent ) to do the thing for the waste handler; and the agreement states the agent is aware of subsection (3) .\n(sec.90-ssec.2) In a proceeding for an offence against a waste tracking provision, it is a defence for the waste handler to show— the waste handler entered into the agreement with the agent; and the contravention was directly caused by a failure of the agent to do something in compliance with the agreement.\n(sec.90-ssec.3) The waste tracking provision applies to the agent, to the extent the agent has agreed to do something required by the provision, as if a reference in the provision to the waste handler were a reference to the agent.\n- (a) a waste handler is required by a provision of division 3 (a waste tracking provision ) to do something; and\n- (b) the waste handler enters into a written agreement with another person (the agent ) to do the thing for the waste handler; and\n- (c) the agreement states the agent is aware of subsection (3) .\n- (a) the waste handler entered into the agreement with the agent; and\n- (b) the contravention was directly caused by a failure of the agent to do something in compliance with the agreement.","sortOrder":130},{"sectionNumber":"sec.91","sectionType":"section","heading":"Giving information to administering authority in prescribed form","content":"### sec.91 Giving information to administering authority in prescribed form\n\nThe chief executive must prepare forms (each a prescribed form ) for use in giving information to the administering authority under division 3 .\nEach form mentioned in section 75 (a) or (b) must be marked with a unique identifier consisting of numbers, letters or both.\nIf a waste handler gives information in a form mentioned in section 75 (c) , the waste handler must ensure a unique identifier (consisting of numbers, letters or both) is stated for each load of trackable waste mentioned in the form.\nThe chief executive must make the forms available to the public, whether published on the department’s website or otherwise, on payment of a reasonable fee.\nIf a person obtains a prescribed form from the chief executive and uses it to give information to the administering authority under division 3 about the transportation of trackable waste, the number marked on the form under subsection (2) is the unique identifier for the load of waste.\n(sec.91-ssec.1) The chief executive must prepare forms (each a prescribed form ) for use in giving information to the administering authority under division 3 .\n(sec.91-ssec.2) Each form mentioned in section 75 (a) or (b) must be marked with a unique identifier consisting of numbers, letters or both.\n(sec.91-ssec.3) If a waste handler gives information in a form mentioned in section 75 (c) , the waste handler must ensure a unique identifier (consisting of numbers, letters or both) is stated for each load of trackable waste mentioned in the form.\n(sec.91-ssec.4) The chief executive must make the forms available to the public, whether published on the department’s website or otherwise, on payment of a reasonable fee.\n(sec.91-ssec.5) If a person obtains a prescribed form from the chief executive and uses it to give information to the administering authority under division 3 about the transportation of trackable waste, the number marked on the form under subsection (2) is the unique identifier for the load of waste.","sortOrder":131},{"sectionNumber":"sec.92","sectionType":"section","heading":"Approval of ways of giving information to administering authority","content":"### sec.92 Approval of ways of giving information to administering authority\n\nA person may apply to the administering executive for approval of a particular way of giving prescribed information to the administering authority under division 3 .\nThe person must, within the period required by the administering executive—\ngive the administering executive the information the executive reasonably requires to decide the application; and\npay the reasonable fee required by the executive for assessing the application.\nIf the person does not comply with subsection (2) , the application lapses.\nThe administering executive may approve the way of giving prescribed information if the executive is satisfied—\nit is a reliable, effective, timely and efficient way for the information to be given to the administering authority; and\nthe information will be secure while it is being given; and\nthe information will be given in a form that enables the authority to access, record and otherwise deal with the information; and\nit includes a system for assigning an appropriate unique identifier (consisting of numbers, letters or both) to each transportation of trackable waste for which information is given; and\nit would otherwise be an appropriate way for the information to be given.\nThe administering executive may approve a system under which a person transmits information from the person’s database directly to the administering authority in a particular electronic form.\nAn approval under subsection (4) may be given on reasonable conditions.\nAfter the administering executive decides the application, the administering executive must give the person a written notice stating—\nwhether the application is approved or refused; and\nif the application is approved—\nany conditions of the approval; and\nthe prescribed period for giving the information; and\nif the application is refused—the reasons for the decision; and\nthe review or appeal details for the decision.\nIf the administering executive has not decided the application by the due day, the application is taken to have been refused.\nTo remove doubt, it is declared that the administering executive may approve, under this section, a way of giving information, even though a person has not applied for the approval.\nIn this section—\ndue day , for deciding an application, means—\n60 days after the application is made, not including a day the administering executive asks for information under subsection (2) (a) , a day the person gives the requested information, and any days in between; or\nany later day agreed between the administering executive and the person.\n(sec.92-ssec.1) A person may apply to the administering executive for approval of a particular way of giving prescribed information to the administering authority under division 3 .\n(sec.92-ssec.2) The person must, within the period required by the administering executive— give the administering executive the information the executive reasonably requires to decide the application; and pay the reasonable fee required by the executive for assessing the application.\n(sec.92-ssec.3) If the person does not comply with subsection (2) , the application lapses.\n(sec.92-ssec.4) The administering executive may approve the way of giving prescribed information if the executive is satisfied— it is a reliable, effective, timely and efficient way for the information to be given to the administering authority; and the information will be secure while it is being given; and the information will be given in a form that enables the authority to access, record and otherwise deal with the information; and it includes a system for assigning an appropriate unique identifier (consisting of numbers, letters or both) to each transportation of trackable waste for which information is given; and it would otherwise be an appropriate way for the information to be given. The administering executive may approve a system under which a person transmits information from the person’s database directly to the administering authority in a particular electronic form.\n(sec.92-ssec.5) An approval under subsection (4) may be given on reasonable conditions.\n(sec.92-ssec.6) After the administering executive decides the application, the administering executive must give the person a written notice stating— whether the application is approved or refused; and if the application is approved— any conditions of the approval; and the prescribed period for giving the information; and if the application is refused—the reasons for the decision; and the review or appeal details for the decision.\n(sec.92-ssec.7) If the administering executive has not decided the application by the due day, the application is taken to have been refused.\n(sec.92-ssec.8) To remove doubt, it is declared that the administering executive may approve, under this section, a way of giving information, even though a person has not applied for the approval.\n(sec.92-ssec.9) In this section— due day , for deciding an application, means— 60 days after the application is made, not including a day the administering executive asks for information under subsection (2) (a) , a day the person gives the requested information, and any days in between; or any later day agreed between the administering executive and the person.\n- (a) give the administering executive the information the executive reasonably requires to decide the application; and\n- (b) pay the reasonable fee required by the executive for assessing the application.\n- (a) it is a reliable, effective, timely and efficient way for the information to be given to the administering authority; and\n- (b) the information will be secure while it is being given; and\n- (c) the information will be given in a form that enables the authority to access, record and otherwise deal with the information; and\n- (d) it includes a system for assigning an appropriate unique identifier (consisting of numbers, letters or both) to each transportation of trackable waste for which information is given; and\n- (e) it would otherwise be an appropriate way for the information to be given.\n- (a) whether the application is approved or refused; and\n- (b) if the application is approved— (i) any conditions of the approval; and (ii) the prescribed period for giving the information; and\n- (i) any conditions of the approval; and\n- (ii) the prescribed period for giving the information; and\n- (c) if the application is refused—the reasons for the decision; and\n- (d) the review or appeal details for the decision.\n- (i) any conditions of the approval; and\n- (ii) the prescribed period for giving the information; and\n- (a) 60 days after the application is made, not including a day the administering executive asks for information under subsection (2) (a) , a day the person gives the requested information, and any days in between; or\n- (b) any later day agreed between the administering executive and the person.","sortOrder":132},{"sectionNumber":"sec.93","sectionType":"section","heading":"Consignment numbers for waste transported into Queensland","content":"### sec.93 Consignment numbers for waste transported into Queensland\n\nA person may apply to the administering executive for a consignment number for—\na load of trackable waste to be transported into Queensland from another State; or\nloads of trackable waste to be transported into Queensland from another State over a 12-month period.\nThe application must be in the approved form.\nThe person must give the administering executive the following information if the executive requests it—\ninformation mentioned in schedule 12 , section 1 , about the load;\ninformation the executive reasonably requires to decide the application.\nThe administering executive must decide to—\napprove the application with or without imposing a condition on the approval; or\nrefuse to approve the application.\nThe administering executive must refuse to approve the application unless the administering executive is satisfied—\nthe intended transporter holds, or is acting under, an environmental authority for transporting the waste to the intended receiver; and\nSee section 429 (2) of the Act under which a reference to an environmental authority includes a reference to an interstate licence in the circumstances stated in the provision.\nthe intended receiver holds, or is acting under, an environmental authority for carrying out the intended treatment of the waste.\nAfter the administering executive decides the application, the administering executive must give the person a written notice stating—\nwhether the application is—\napproved without a condition; or\napproved subject to a condition; or\nrefused; and\nif the application is approved—the consignment number assigned to the load or loads of trackable waste; and\nif the application is approved subject to a condition—the condition; and\nif the application is approved subject to a condition or refused—\nthe reasons for the decision; and\nthe review or appeal details for the decision.\nIf the administering executive has not decided the application by the due day, the application is taken to have been refused.\nIn this section—\ndue day , for deciding an application, means—\n10 business days after the application is made, not including a day the administering executive asks for information under subsection (3) , a day the person gives the requested information, and any days in between; or\nany later day agreed between the administering executive and the person.\nintended treatment , of trackable waste to be transported into Queensland, means the way the waste is to be treated, disposed of, stored or otherwise dealt with by the receiver.\ns 93 amd 2024 SL No. 126 s 5\n(sec.93-ssec.1) A person may apply to the administering executive for a consignment number for— a load of trackable waste to be transported into Queensland from another State; or loads of trackable waste to be transported into Queensland from another State over a 12-month period.\n(sec.93-ssec.2) The application must be in the approved form.\n(sec.93-ssec.3) The person must give the administering executive the following information if the executive requests it— information mentioned in schedule 12 , section 1 , about the load; information the executive reasonably requires to decide the application.\n(sec.93-ssec.4) The administering executive must decide to— approve the application with or without imposing a condition on the approval; or refuse to approve the application.\n(sec.93-ssec.5) The administering executive must refuse to approve the application unless the administering executive is satisfied— the intended transporter holds, or is acting under, an environmental authority for transporting the waste to the intended receiver; and See section 429 (2) of the Act under which a reference to an environmental authority includes a reference to an interstate licence in the circumstances stated in the provision. the intended receiver holds, or is acting under, an environmental authority for carrying out the intended treatment of the waste.\n(sec.93-ssec.6) After the administering executive decides the application, the administering executive must give the person a written notice stating— whether the application is— approved without a condition; or approved subject to a condition; or refused; and if the application is approved—the consignment number assigned to the load or loads of trackable waste; and if the application is approved subject to a condition—the condition; and if the application is approved subject to a condition or refused— the reasons for the decision; and the review or appeal details for the decision.\n(sec.93-ssec.7) If the administering executive has not decided the application by the due day, the application is taken to have been refused.\n(sec.93-ssec.8) In this section— due day , for deciding an application, means— 10 business days after the application is made, not including a day the administering executive asks for information under subsection (3) , a day the person gives the requested information, and any days in between; or any later day agreed between the administering executive and the person. intended treatment , of trackable waste to be transported into Queensland, means the way the waste is to be treated, disposed of, stored or otherwise dealt with by the receiver.\n- (a) a load of trackable waste to be transported into Queensland from another State; or\n- (b) loads of trackable waste to be transported into Queensland from another State over a 12-month period.\n- (a) information mentioned in schedule 12 , section 1 , about the load;\n- (b) information the executive reasonably requires to decide the application.\n- (a) approve the application with or without imposing a condition on the approval; or\n- (b) refuse to approve the application.\n- (a) the intended transporter holds, or is acting under, an environmental authority for transporting the waste to the intended receiver; and Note— See section 429 (2) of the Act under which a reference to an environmental authority includes a reference to an interstate licence in the circumstances stated in the provision.\n- (b) the intended receiver holds, or is acting under, an environmental authority for carrying out the intended treatment of the waste.\n- (a) whether the application is— (i) approved without a condition; or (ii) approved subject to a condition; or (iii) refused; and\n- (i) approved without a condition; or\n- (ii) approved subject to a condition; or\n- (iii) refused; and\n- (b) if the application is approved—the consignment number assigned to the load or loads of trackable waste; and\n- (c) if the application is approved subject to a condition—the condition; and\n- (d) if the application is approved subject to a condition or refused— (i) the reasons for the decision; and (ii) the review or appeal details for the decision.\n- (i) the reasons for the decision; and\n- (ii) the review or appeal details for the decision.\n- (i) approved without a condition; or\n- (ii) approved subject to a condition; or\n- (iii) refused; and\n- (i) the reasons for the decision; and\n- (ii) the review or appeal details for the decision.\n- (a) 10 business days after the application is made, not including a day the administering executive asks for information under subsection (3) , a day the person gives the requested information, and any days in between; or\n- (b) any later day agreed between the administering executive and the person.","sortOrder":133},{"sectionNumber":"sec.93A","sectionType":"section","heading":"Additional responsibility of transporter of odorous feedstock","content":"### sec.93A Additional responsibility of transporter of odorous feedstock\n\nThis section applies to a person who transports trackable waste that is odorous feedstock.\nHowever, this section does not apply if the person holds, or is acting under, an environmental authority for transporting the odorous feedstock.\nThe person must not give the odorous feedstock to the intended receiver unless the person is satisfied on reasonable grounds that the intended receiver of the feedstock holds, or is acting under, an environmental authority for carrying out organic material processing in relation to organic material that is odorous feedstock.\nMaximum penalty—20 penalty units.\ns 93A ins 2024 SL No. 126 s 6\n(sec.93A-ssec.1) This section applies to a person who transports trackable waste that is odorous feedstock.\n(sec.93A-ssec.2) However, this section does not apply if the person holds, or is acting under, an environmental authority for transporting the odorous feedstock.\n(sec.93A-ssec.3) The person must not give the odorous feedstock to the intended receiver unless the person is satisfied on reasonable grounds that the intended receiver of the feedstock holds, or is acting under, an environmental authority for carrying out organic material processing in relation to organic material that is odorous feedstock. Maximum penalty—20 penalty units.","sortOrder":134},{"sectionNumber":"sec.94","sectionType":"section","heading":"Exemptions","content":"### sec.94 Exemptions\n\nA person may apply to the administering authority for an exemption for the transportation of trackable waste to which this part applies.\nSee section 71 for the trackable waste to which this part applies.\nThe person must give the administering authority the information the authority reasonably requires to decide the application.\nThe administering authority may grant the exemption if the authority is satisfied the waste does not show any environmentally significant characteristics.\nA person operates a food processing facility. Waste from the facility includes filter cake (a trackable waste) that the person sends away for disposal at the end of each week. The filter cake derives only from the washing of vegetables and consists almost entirely of sand and dirt. Analysis of the filter cake establishes that it does not show any environmentally significant characteristics.\nThe administering authority decides to grant the person an exemption for the transportation of each of these weekly loads. The exemption is given on conditions about the process that generates the filter cake to ensure the filter cake will not show any environmentally significant characteristics.\nAn exemption may be given on reasonable conditions.\nAfter the administering executive decides the application, the administering executive must give the person a written notice stating—\nwhether or not the exemption is granted; and\nif the exemption is granted—any conditions of the exemption; and\nif the exemption is refused—the reasons for the decision; and\nthe review or appeal details for the decision.\nIf the administering authority has not decided the application for exemption by the due day, the authority is taken to have refused the application.\nIn this section—\ndue day , for deciding an application, means—\n30 days after the application is made, not including a day the administering authority asks for information it reasonably requires to decide the application, a day the person gives the requested information, and any days in between; or\nany later day agreed between the administering authority and the person.\n(sec.94-ssec.1) A person may apply to the administering authority for an exemption for the transportation of trackable waste to which this part applies. See section 71 for the trackable waste to which this part applies.\n(sec.94-ssec.2) The person must give the administering authority the information the authority reasonably requires to decide the application.\n(sec.94-ssec.3) The administering authority may grant the exemption if the authority is satisfied the waste does not show any environmentally significant characteristics. A person operates a food processing facility. Waste from the facility includes filter cake (a trackable waste) that the person sends away for disposal at the end of each week. The filter cake derives only from the washing of vegetables and consists almost entirely of sand and dirt. Analysis of the filter cake establishes that it does not show any environmentally significant characteristics. The administering authority decides to grant the person an exemption for the transportation of each of these weekly loads. The exemption is given on conditions about the process that generates the filter cake to ensure the filter cake will not show any environmentally significant characteristics.\n(sec.94-ssec.4) An exemption may be given on reasonable conditions.\n(sec.94-ssec.5) After the administering executive decides the application, the administering executive must give the person a written notice stating— whether or not the exemption is granted; and if the exemption is granted—any conditions of the exemption; and if the exemption is refused—the reasons for the decision; and the review or appeal details for the decision.\n(sec.94-ssec.6) If the administering authority has not decided the application for exemption by the due day, the authority is taken to have refused the application.\n(sec.94-ssec.7) In this section— due day , for deciding an application, means— 30 days after the application is made, not including a day the administering authority asks for information it reasonably requires to decide the application, a day the person gives the requested information, and any days in between; or any later day agreed between the administering authority and the person.\n- (a) whether or not the exemption is granted; and\n- (b) if the exemption is granted—any conditions of the exemption; and\n- (c) if the exemption is refused—the reasons for the decision; and\n- (d) the review or appeal details for the decision.\n- (a) 30 days after the application is made, not including a day the administering authority asks for information it reasonably requires to decide the application, a day the person gives the requested information, and any days in between; or\n- (b) any later day agreed between the administering authority and the person.","sortOrder":135},{"sectionNumber":"sec.95","sectionType":"section","heading":"Emergencies","content":"### sec.95 Emergencies\n\nIn a proceeding for an offence against a provision of this part, it is a defence for the person to prove the act or omission constituting the failure to comply with the provision—\nwas carried out, or happened, in the exercise of a power under chapter 9 , part 4 of the Act ; or\nwas carried out, or happened, under an emergency direction; or\nwas reasonably necessary because of an emergency.\n- (a) was carried out, or happened, in the exercise of a power under chapter 9 , part 4 of the Act ; or\n- (b) was carried out, or happened, under an emergency direction; or\n- (c) was reasonably necessary because of an emergency.","sortOrder":136},{"sectionNumber":"sec.96","sectionType":"section","heading":"Trackable waste to be given only to licensed transporter","content":"### sec.96 Trackable waste to be given only to licensed transporter\n\nA generator of trackable waste must not give the waste to another person to transport it in a vehicle for a fee or reward, or in a load of more than 250kg, unless the other person holds, or is acting under, an environmental authority for transporting the waste in the vehicle.\nMaximum penalty—20 penalty units.\nIn a proceeding for an offence against subsection (1) , it is a defence for the person to prove there were reasonable grounds for believing the other person had an environmental authority for transporting the waste in the vehicle.\n(sec.96-ssec.1) A generator of trackable waste must not give the waste to another person to transport it in a vehicle for a fee or reward, or in a load of more than 250kg, unless the other person holds, or is acting under, an environmental authority for transporting the waste in the vehicle. Maximum penalty—20 penalty units.\n(sec.96-ssec.2) In a proceeding for an offence against subsection (1) , it is a defence for the person to prove there were reasonable grounds for believing the other person had an environmental authority for transporting the waste in the vehicle.","sortOrder":137},{"sectionNumber":"sec.97","sectionType":"section","heading":"Generator identification number","content":"### sec.97 Generator identification number\n\nOn application by a person in the approved form, the administering executive must assign the person a generator identification number.\nThe generator identification number is mentioned in the prescribed information for a generator under schedule 12 , section 1 .","sortOrder":138},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":139},{"sectionNumber":"sec.98","sectionType":"section","heading":"Application of chapter","content":"### sec.98 Application of chapter\n\nThis chapter applies to a local government area unless—\nthe local government for the area makes a local law about waste management for the area; and\nthe local law states it replaces this chapter.\n- (a) the local government for the area makes a local law about waste management for the area; and\n- (b) the local law states it replaces this chapter.","sortOrder":140},{"sectionNumber":"sec.99","sectionType":"section","heading":"References to local government","content":"### sec.99 References to local government\n\nIn this chapter, a reference to a local government in the context of dealing with waste produced at relevant premises is a reference to the local government for the local government area in which the relevant premises is situated.","sortOrder":141},{"sectionNumber":"sec.100","sectionType":"section","heading":"Meaning of serviced premises","content":"### sec.100 Meaning of serviced premises\n\nRelevant premises in a local government area are serviced premises if—\nthe relevant premises are in an area designated by the local government under the Waste Reduction and Recycling Regulation 2023 , section 5 as an area in which the local government may conduct general waste collection; or\nthe local government has required the owner or occupier of the relevant premises to arrange for removal of general waste from the relevant premises.\na local law, a resolution of the local government, a development approval for the premises, a public health order under the Public Health Act 2005\ns 100 amd 2023 SL No. 127 s 119 sch 14\n- (a) the relevant premises are in an area designated by the local government under the Waste Reduction and Recycling Regulation 2023 , section 5 as an area in which the local government may conduct general waste collection; or\n- (b) the local government has required the owner or occupier of the relevant premises to arrange for removal of general waste from the relevant premises. Examples of ways a local government may require the removal of general waste for paragraph (b) — a local law, a resolution of the local government, a development approval for the premises, a public health order under the Public Health Act 2005","sortOrder":142},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Waste management in local government areas","content":"# Waste management in local government areas","sortOrder":143},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"Storage of general waste","content":"## Storage of general waste","sortOrder":144},{"sectionNumber":"sec.101","sectionType":"section","heading":"Owner or occupier of relevant premises to supply waste containers","content":"### sec.101 Owner or occupier of relevant premises to supply waste containers\n\nThe owner or occupier of relevant premises in a local government area must—\nsubject to subsection (2) , supply enough standard general waste containers at the relevant premises to store the general waste produced at the premises; or\nif required by the local government, supply at the relevant premises, enough waste containers, other than standard general waste containers, to store the general waste produced at the relevant premises.\na local law, a resolution of the local government, a development approval for the premises\nMaximum penalty—20 penalty units.\nHowever, subsection (1) (a) does not apply if the local government supplies to the relevant premises the number of standard general waste containers the local government reasonably considers is required at the relevant premises.\nIf the local government supplies a standard general waste container to relevant premises under subsection (2) , the reasonable cost of supplying the container is a debt payable by the owner or occupier of the relevant premises to the local government.\nHowever, subsection (3) does not prevent a local government from supplying a standard general waste container to relevant premises without cost to the owner or occupier of the relevant premises.\n(sec.101-ssec.1) The owner or occupier of relevant premises in a local government area must— subject to subsection (2) , supply enough standard general waste containers at the relevant premises to store the general waste produced at the premises; or if required by the local government, supply at the relevant premises, enough waste containers, other than standard general waste containers, to store the general waste produced at the relevant premises. a local law, a resolution of the local government, a development approval for the premises Maximum penalty—20 penalty units.\n(sec.101-ssec.2) However, subsection (1) (a) does not apply if the local government supplies to the relevant premises the number of standard general waste containers the local government reasonably considers is required at the relevant premises.\n(sec.101-ssec.3) If the local government supplies a standard general waste container to relevant premises under subsection (2) , the reasonable cost of supplying the container is a debt payable by the owner or occupier of the relevant premises to the local government.\n(sec.101-ssec.4) However, subsection (3) does not prevent a local government from supplying a standard general waste container to relevant premises without cost to the owner or occupier of the relevant premises.\n- (a) subject to subsection (2) , supply enough standard general waste containers at the relevant premises to store the general waste produced at the premises; or\n- (b) if required by the local government, supply at the relevant premises, enough waste containers, other than standard general waste containers, to store the general waste produced at the relevant premises. Examples of ways a local government may require waste containers for paragraph (b) — a local law, a resolution of the local government, a development approval for the premises","sortOrder":145},{"sectionNumber":"sec.102","sectionType":"section","heading":"Requirements for storing general waste in waste containers","content":"### sec.102 Requirements for storing general waste in waste containers\n\nThe occupier of relevant premises must—\nstore general waste at the relevant premises in a standard general waste container or, if required by the local government, in another type of waste container; and\na local law, a resolution of the local government, a development approval for the premises\nkeep each waste container at the relevant premises clean and in good repair; and\nensure each waste container at the relevant premises is securely covered other than to place waste in or remove waste from the container or to clean the container.\nMaximum penalty—20 penalty units.\nA person must not—\nplace any of the following in a waste container—\na liquid, semi-liquid or moist substance, unless the substance is securely wrapped or contained to prevent the substance leaking from the wrapper or container;\nmaterial that is smouldering or aflame;\nmatter or a thing that is alive; or\nremove or disturb the cover of a waste container other than to place waste in the container or to clean the container; or\nuse or damage a waste container so that it is not weatherproof or serviceable or can not be securely covered; or\ndisturb or otherwise interfere with the contents of a waste container.\nMaximum penalty—20 penalty units.\nThe occupier of the relevant premises must ensure that a person does not place anything in a waste container at the premises in contravention of subsection (2) (a) .\nMaximum penalty—20 penalty units.\nIn a proceeding for an offence against subsection (3) , it is a defence for a person to prove the contravention of that subsection was due to circumstances over which the person had no control.\n(sec.102-ssec.1) The occupier of relevant premises must— store general waste at the relevant premises in a standard general waste container or, if required by the local government, in another type of waste container; and a local law, a resolution of the local government, a development approval for the premises keep each waste container at the relevant premises clean and in good repair; and ensure each waste container at the relevant premises is securely covered other than to place waste in or remove waste from the container or to clean the container. Maximum penalty—20 penalty units.\n(sec.102-ssec.2) A person must not— place any of the following in a waste container— a liquid, semi-liquid or moist substance, unless the substance is securely wrapped or contained to prevent the substance leaking from the wrapper or container; material that is smouldering or aflame; matter or a thing that is alive; or remove or disturb the cover of a waste container other than to place waste in the container or to clean the container; or use or damage a waste container so that it is not weatherproof or serviceable or can not be securely covered; or disturb or otherwise interfere with the contents of a waste container. Maximum penalty—20 penalty units.\n(sec.102-ssec.3) The occupier of the relevant premises must ensure that a person does not place anything in a waste container at the premises in contravention of subsection (2) (a) . Maximum penalty—20 penalty units.\n(sec.102-ssec.4) In a proceeding for an offence against subsection (3) , it is a defence for a person to prove the contravention of that subsection was due to circumstances over which the person had no control.\n- (a) store general waste at the relevant premises in a standard general waste container or, if required by the local government, in another type of waste container; and Examples of ways a local government may require waste to be stored in another type of waste container— a local law, a resolution of the local government, a development approval for the premises\n- (b) keep each waste container at the relevant premises clean and in good repair; and\n- (c) ensure each waste container at the relevant premises is securely covered other than to place waste in or remove waste from the container or to clean the container.\n- (a) place any of the following in a waste container— (i) a liquid, semi-liquid or moist substance, unless the substance is securely wrapped or contained to prevent the substance leaking from the wrapper or container; (ii) material that is smouldering or aflame; (iii) matter or a thing that is alive; or\n- (i) a liquid, semi-liquid or moist substance, unless the substance is securely wrapped or contained to prevent the substance leaking from the wrapper or container;\n- (ii) material that is smouldering or aflame;\n- (iii) matter or a thing that is alive; or\n- (b) remove or disturb the cover of a waste container other than to place waste in the container or to clean the container; or\n- (c) use or damage a waste container so that it is not weatherproof or serviceable or can not be securely covered; or\n- (d) disturb or otherwise interfere with the contents of a waste container.\n- (i) a liquid, semi-liquid or moist substance, unless the substance is securely wrapped or contained to prevent the substance leaking from the wrapper or container;\n- (ii) material that is smouldering or aflame;\n- (iii) matter or a thing that is alive; or","sortOrder":146},{"sectionNumber":"sec.103","sectionType":"section","heading":"General requirements for keeping waste containers at serviced premises","content":"### sec.103 General requirements for keeping waste containers at serviced premises\n\nSubject to subsection (2) , the occupier of serviced premises must ensure that a waste container supplied for the premises is kept—\nif the local government requires the container be kept at a particular place at the premises—at the place; or\na local law, a resolution of the local government, a development approval for the premises\notherwise—at ground level close to the rear alignment of a building at the premises.\nMaximum penalty—20 penalty units.\nSubsection (1) does not prevent the occupier of the serviced premises from placing a waste container in a place outside the premises for the collection of general waste from the container if—\nthe local government has arranged to collect waste from the container at the place; and\nthe container is in the place for no longer than—\nthe period, if any, allowed under a local law of the local government; or\nis otherwise reasonably appropriate before and after the collection.\nthe kerb adjacent to the serviced premises\nIf a local government has arranged for the collection of general waste from a waste container at the serviced premises, the occupier of the premises must ensure there is unobstructed access to the container for removal of the waste.\nMaximum penalty—20 penalty units.\nIn a proceeding against a person for an offence under subsection (3) , it is a defence for the person to prove the contravention was due to circumstances over which the person had no control.\n(sec.103-ssec.1) Subject to subsection (2) , the occupier of serviced premises must ensure that a waste container supplied for the premises is kept— if the local government requires the container be kept at a particular place at the premises—at the place; or a local law, a resolution of the local government, a development approval for the premises otherwise—at ground level close to the rear alignment of a building at the premises. Maximum penalty—20 penalty units.\n(sec.103-ssec.2) Subsection (1) does not prevent the occupier of the serviced premises from placing a waste container in a place outside the premises for the collection of general waste from the container if— the local government has arranged to collect waste from the container at the place; and the container is in the place for no longer than— the period, if any, allowed under a local law of the local government; or is otherwise reasonably appropriate before and after the collection. the kerb adjacent to the serviced premises\n(sec.103-ssec.3) If a local government has arranged for the collection of general waste from a waste container at the serviced premises, the occupier of the premises must ensure there is unobstructed access to the container for removal of the waste. Maximum penalty—20 penalty units.\n(sec.103-ssec.4) In a proceeding against a person for an offence under subsection (3) , it is a defence for the person to prove the contravention was due to circumstances over which the person had no control.\n- (a) if the local government requires the container be kept at a particular place at the premises—at the place; or Examples of ways a local government may require waste containers to be kept at a particular place— a local law, a resolution of the local government, a development approval for the premises\n- (b) otherwise—at ground level close to the rear alignment of a building at the premises.\n- (a) the local government has arranged to collect waste from the container at the place; and\n- (b) the container is in the place for no longer than— (i) the period, if any, allowed under a local law of the local government; or (ii) is otherwise reasonably appropriate before and after the collection.\n- (i) the period, if any, allowed under a local law of the local government; or\n- (ii) is otherwise reasonably appropriate before and after the collection.\n- (i) the period, if any, allowed under a local law of the local government; or\n- (ii) is otherwise reasonably appropriate before and after the collection.","sortOrder":147},{"sectionNumber":"sec.104","sectionType":"section","heading":"Other requirements for storing general waste at particular serviced premises","content":"### sec.104 Other requirements for storing general waste at particular serviced premises\n\nThis section applies to a person who is for particular serviced premises—\nthe owner or occupier of the premises;\nthe registered suitable operator for a prescribed environmentally relevant activity carried out at the premises;\nthe holder of an environmental authority for a mining activity or petroleum activity carried out at the premises.\nThe person must, if required by the local government, ensure each of the following is supplied at the premises—\neither—\nan elevated stand at a level required by the local government for holding all waste containers; or\nan imperviously paved area, drained as required by the local government, where all waste containers can be placed;\na hose cock and hose in the vicinity of the stand or paved area;\na suitable enclosure for the area where the waste containers are kept.\na local law, a resolution of the local government, a development approval\nMaximum penalty for subsection (2) —20 penalty units.\nIn this section—\nparticular serviced premises means serviced premises other than a single detached dwelling.\n(sec.104-ssec.1) This section applies to a person who is for particular serviced premises— the owner or occupier of the premises; the registered suitable operator for a prescribed environmentally relevant activity carried out at the premises; the holder of an environmental authority for a mining activity or petroleum activity carried out at the premises.\n(sec.104-ssec.2) The person must, if required by the local government, ensure each of the following is supplied at the premises— either— an elevated stand at a level required by the local government for holding all waste containers; or an imperviously paved area, drained as required by the local government, where all waste containers can be placed; a hose cock and hose in the vicinity of the stand or paved area; a suitable enclosure for the area where the waste containers are kept. a local law, a resolution of the local government, a development approval Maximum penalty for subsection (2) —20 penalty units.\n(sec.104-ssec.3) In this section— particular serviced premises means serviced premises other than a single detached dwelling.\n- (a) the owner or occupier of the premises;\n- (b) the registered suitable operator for a prescribed environmentally relevant activity carried out at the premises;\n- (c) the holder of an environmental authority for a mining activity or petroleum activity carried out at the premises.\n- (a) either— (i) an elevated stand at a level required by the local government for holding all waste containers; or (ii) an imperviously paved area, drained as required by the local government, where all waste containers can be placed;\n- (i) an elevated stand at a level required by the local government for holding all waste containers; or\n- (ii) an imperviously paved area, drained as required by the local government, where all waste containers can be placed;\n- (b) a hose cock and hose in the vicinity of the stand or paved area;\n- (c) a suitable enclosure for the area where the waste containers are kept. Examples of ways a local government may require a person to comply with subsection (2) — a local law, a resolution of the local government, a development approval\n- (i) an elevated stand at a level required by the local government for holding all waste containers; or\n- (ii) an imperviously paved area, drained as required by the local government, where all waste containers can be placed;","sortOrder":148},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Removal of general waste","content":"## Removal of general waste","sortOrder":149},{"sectionNumber":"sec.105","sectionType":"section","heading":"Local government may give notice about removing general waste","content":"### sec.105 Local government may give notice about removing general waste\n\nThis section applies to a local government that has arranged for the removal of general waste produced at relevant premises.\nThe local government may give the occupier of the relevant premises a written notice stating—\nthe days on which the waste is to be collected; and\nwhere the waste container is to be placed for collection of the waste (the designated location ); and\nthe time by which the waste container is to be placed in the designated location for collection of the waste.\n(sec.105-ssec.1) This section applies to a local government that has arranged for the removal of general waste produced at relevant premises.\n(sec.105-ssec.2) The local government may give the occupier of the relevant premises a written notice stating— the days on which the waste is to be collected; and where the waste container is to be placed for collection of the waste (the designated location ); and the time by which the waste container is to be placed in the designated location for collection of the waste.\n- (a) the days on which the waste is to be collected; and\n- (b) where the waste container is to be placed for collection of the waste (the designated location ); and\n- (c) the time by which the waste container is to be placed in the designated location for collection of the waste.","sortOrder":150},{"sectionNumber":"sec.106","sectionType":"section","heading":"Depositing or disposal of general waste from premises other than serviced premises","content":"### sec.106 Depositing or disposal of general waste from premises other than serviced premises\n\nThis section applies if general waste is produced at relevant premises, other than serviced premises.\nThe local government may—\ngive a written approval (a relevant approval ) to the owner or occupier of the relevant premises for depositing or disposing of the waste; and\nimpose conditions on the approval, including, for example, conditions about—\nthe place for depositing or disposing of the waste; or\nthe method of depositing or disposing of the waste.\nA person must not deposit or dispose of the waste unless the person deposits or disposes of the waste—\nat a waste facility under part 3 ; or\nunder a relevant approval and any conditions of the approval.\nMaximum penalty for subsection (3) —20 penalty units.\n(sec.106-ssec.1) This section applies if general waste is produced at relevant premises, other than serviced premises.\n(sec.106-ssec.2) The local government may— give a written approval (a relevant approval ) to the owner or occupier of the relevant premises for depositing or disposing of the waste; and impose conditions on the approval, including, for example, conditions about— the place for depositing or disposing of the waste; or the method of depositing or disposing of the waste.\n(sec.106-ssec.3) A person must not deposit or dispose of the waste unless the person deposits or disposes of the waste— at a waste facility under part 3 ; or under a relevant approval and any conditions of the approval. Maximum penalty for subsection (3) —20 penalty units.\n- (a) give a written approval (a relevant approval ) to the owner or occupier of the relevant premises for depositing or disposing of the waste; and\n- (b) impose conditions on the approval, including, for example, conditions about— (i) the place for depositing or disposing of the waste; or (ii) the method of depositing or disposing of the waste.\n- (i) the place for depositing or disposing of the waste; or\n- (ii) the method of depositing or disposing of the waste.\n- (i) the place for depositing or disposing of the waste; or\n- (ii) the method of depositing or disposing of the waste.\n- (a) at a waste facility under part 3 ; or\n- (b) under a relevant approval and any conditions of the approval.","sortOrder":151},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Storage and treatment of industrial waste","content":"## Storage and treatment of industrial waste","sortOrder":152},{"sectionNumber":"sec.107","sectionType":"section","heading":"Requirements for storing industrial waste","content":"### sec.107 Requirements for storing industrial waste\n\nThe occupier of relevant premises where there is industrial waste must, if required by the local government—\nsupply at the premises the number of industrial waste containers required by the local government for storing the waste at the premises safely, efficiently and without causing a nuisance; and\nkeep the waste containers at a place at the premises the local government requires; and\nkeep each waste container clean and in good repair.\na local law, a resolution of the local government, a development approval\nMaximum penalty—20 penalty units.\nIf the occupier does not supply at the relevant premises the number of industrial waste containers required by the local government for subsection (1) (a) , the local government may supply industrial waste containers at the premises.\nIf a local government supplies an industrial waste container to relevant premises under subsection (2) , the reasonable cost of supplying the container is a debt payable by the occupier of the premises to the local government.\nIn this section—\nindustrial waste container means a waste container of a type approved by the local government for storing industrial waste at premises within the local government’s area.\n(sec.107-ssec.1) The occupier of relevant premises where there is industrial waste must, if required by the local government— supply at the premises the number of industrial waste containers required by the local government for storing the waste at the premises safely, efficiently and without causing a nuisance; and keep the waste containers at a place at the premises the local government requires; and keep each waste container clean and in good repair. a local law, a resolution of the local government, a development approval Maximum penalty—20 penalty units.\n(sec.107-ssec.2) If the occupier does not supply at the relevant premises the number of industrial waste containers required by the local government for subsection (1) (a) , the local government may supply industrial waste containers at the premises.\n(sec.107-ssec.3) If a local government supplies an industrial waste container to relevant premises under subsection (2) , the reasonable cost of supplying the container is a debt payable by the occupier of the premises to the local government.\n(sec.107-ssec.4) In this section— industrial waste container means a waste container of a type approved by the local government for storing industrial waste at premises within the local government’s area.\n- (a) supply at the premises the number of industrial waste containers required by the local government for storing the waste at the premises safely, efficiently and without causing a nuisance; and\n- (b) keep the waste containers at a place at the premises the local government requires; and\n- (c) keep each waste container clean and in good repair.","sortOrder":153},{"sectionNumber":"sec.108","sectionType":"section","heading":"Requirement to treat industrial waste for disposal","content":"### sec.108 Requirement to treat industrial waste for disposal\n\nThe occupier of relevant premises where there is industrial waste must, if required by the local government, treat the waste to a standard approved by the local government for disposal of the waste at a waste facility.\na local law, a resolution of the local government, a development approval for the premises\nMaximum penalty—40 penalty units.","sortOrder":154},{"sectionNumber":"ch.6-pt.2-div.4","sectionType":"division","heading":"Compliance notices","content":"## Compliance notices","sortOrder":155},{"sectionNumber":"sec.109","sectionType":"section","heading":"Authorised person may give notice to comply","content":"### sec.109 Authorised person may give notice to comply\n\nIf an authorised person believes on reasonable grounds that a person has contravened division 1 , 2 or 3 , the authorised person may give the person a written notice about the contravention.\nThe notice must state—\nthe act or omission comprising the contravention; and\nthe action the person must take to rectify the contravention; and\nthe day by which the person must take the action.\nThe stated day must be at least 28 days after the notice is given.\nIf a person is given a notice under subsection (1) , the person must comply with the notice unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—10 penalty units.\nIf a person is given a notice under subsection (1) in relation to a contravention of division 1 , 2 or 3 , the person can be prosecuted for the contravention only if the person does not comply with the notice.\nHowever, this section does not require an authorised person to give a person a notice under subsection (1) before the person may be prosecuted for a contravention of division 1 , 2 or 3 .\n(sec.109-ssec.1) If an authorised person believes on reasonable grounds that a person has contravened division 1 , 2 or 3 , the authorised person may give the person a written notice about the contravention.\n(sec.109-ssec.2) The notice must state— the act or omission comprising the contravention; and the action the person must take to rectify the contravention; and the day by which the person must take the action.\n(sec.109-ssec.3) The stated day must be at least 28 days after the notice is given.\n(sec.109-ssec.4) If a person is given a notice under subsection (1) , the person must comply with the notice unless the person has a reasonable excuse for not complying with it. Maximum penalty—10 penalty units.\n(sec.109-ssec.5) If a person is given a notice under subsection (1) in relation to a contravention of division 1 , 2 or 3 , the person can be prosecuted for the contravention only if the person does not comply with the notice.\n(sec.109-ssec.6) However, this section does not require an authorised person to give a person a notice under subsection (1) before the person may be prosecuted for a contravention of division 1 , 2 or 3 .\n- (a) the act or omission comprising the contravention; and\n- (b) the action the person must take to rectify the contravention; and\n- (c) the day by which the person must take the action.","sortOrder":156},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Requirements and restrictions for waste facilities","content":"# Requirements and restrictions for waste facilities","sortOrder":157},{"sectionNumber":"sec.110","sectionType":"section","heading":"Depositing waste at waste facility","content":"### sec.110 Depositing waste at waste facility\n\nA person must not deposit the following waste at a waste facility—\nliquid or semiliquid waste;\nhot ash;\nmaterial that is smouldering or aflame;\nmaterial that can spontaneously combust;\nmaterial containing a substance that may be harmful to persons or property because, if it reacts with air or water, it may produce toxic gases or become corrosive or explosive;\nan explosive;\nammunition, other than ammunition that no longer contains explosives, pyrotechnics or propellants apart from trace residues that are incapable of supporting combustion or an explosive reaction.\nMaximum penalty—20 penalty units.\nSubsection (1) does not apply to waste deposited with the consent of—\nthe person who—\nis the registered suitable operator for the facility; or\nholds an environmental authority for the facility; or\nthe person in charge of the facility.\n(sec.110-ssec.1) A person must not deposit the following waste at a waste facility— liquid or semiliquid waste; hot ash; material that is smouldering or aflame; material that can spontaneously combust; material containing a substance that may be harmful to persons or property because, if it reacts with air or water, it may produce toxic gases or become corrosive or explosive; an explosive; ammunition, other than ammunition that no longer contains explosives, pyrotechnics or propellants apart from trace residues that are incapable of supporting combustion or an explosive reaction. Maximum penalty—20 penalty units.\n(sec.110-ssec.2) Subsection (1) does not apply to waste deposited with the consent of— the person who— is the registered suitable operator for the facility; or holds an environmental authority for the facility; or the person in charge of the facility.\n- (a) liquid or semiliquid waste;\n- (b) hot ash;\n- (c) material that is smouldering or aflame;\n- (d) material that can spontaneously combust;\n- (e) material containing a substance that may be harmful to persons or property because, if it reacts with air or water, it may produce toxic gases or become corrosive or explosive;\n- (f) an explosive;\n- (g) ammunition, other than ammunition that no longer contains explosives, pyrotechnics or propellants apart from trace residues that are incapable of supporting combustion or an explosive reaction.\n- (a) the person who— (i) is the registered suitable operator for the facility; or (ii) holds an environmental authority for the facility; or\n- (i) is the registered suitable operator for the facility; or\n- (ii) holds an environmental authority for the facility; or\n- (b) the person in charge of the facility.\n- (i) is the registered suitable operator for the facility; or\n- (ii) holds an environmental authority for the facility; or","sortOrder":158},{"sectionNumber":"sec.111","sectionType":"section","heading":"Restrictions on burning waste at waste facility","content":"### sec.111 Restrictions on burning waste at waste facility\n\nA person must not set fire to, or burn, waste at a waste facility other than—\nunder an environmental authority; or\nunder a development condition of a development approval; or\nunder the Fire Services Act 1990 .\nMaximum penalty—20 penalty units.\ns 111 amd 2024 Act No. 22 s 92 sch 1\n- (a) under an environmental authority; or\n- (b) under a development condition of a development approval; or\n- (c) under the Fire Services Act 1990 .","sortOrder":159},{"sectionNumber":"sec.112","sectionType":"section","heading":"Restrictions on use of waste facility","content":"### sec.112 Restrictions on use of waste facility\n\nA person must not, without the consent of a waste facility’s owner or operator—\nenter the facility other than to deposit waste; or\nremain on the facility after depositing waste; or\ninterfere with waste at, or remove waste from, the facility.\nMaximum penalty—10 penalty units.\nSubsection (1) does not apply to—\nthe facility’s owner or operator; or\nan authorised person.\n(sec.112-ssec.1) A person must not, without the consent of a waste facility’s owner or operator— enter the facility other than to deposit waste; or remain on the facility after depositing waste; or interfere with waste at, or remove waste from, the facility. Maximum penalty—10 penalty units.\n(sec.112-ssec.2) Subsection (1) does not apply to— the facility’s owner or operator; or an authorised person.\n- (a) enter the facility other than to deposit waste; or\n- (b) remain on the facility after depositing waste; or\n- (c) interfere with waste at, or remove waste from, the facility.\n- (a) the facility’s owner or operator; or\n- (b) an authorised person.","sortOrder":160},{"sectionNumber":"sec.113","sectionType":"section","heading":"Waste transporter to comply with directions and give information","content":"### sec.113 Waste transporter to comply with directions and give information\n\nThis section applies to a person who transports and delivers waste to a waste facility.\nThe person must—\ncomply with all relevant and reasonable directions contained in any sign displayed at the facility by the facility’s owner or operator; and\ndeal with the waste in accordance with reasonable instructions given by the person in charge of the facility; and\nif asked by the facility’s owner or operator—give information to the owner or operator about the type and amount of waste being delivered.\nMaximum penalty—10 penalty units.\n(sec.113-ssec.1) This section applies to a person who transports and delivers waste to a waste facility.\n(sec.113-ssec.2) The person must— comply with all relevant and reasonable directions contained in any sign displayed at the facility by the facility’s owner or operator; and deal with the waste in accordance with reasonable instructions given by the person in charge of the facility; and if asked by the facility’s owner or operator—give information to the owner or operator about the type and amount of waste being delivered. Maximum penalty—10 penalty units.\n- (a) comply with all relevant and reasonable directions contained in any sign displayed at the facility by the facility’s owner or operator; and\n- (b) deal with the waste in accordance with reasonable instructions given by the person in charge of the facility; and\n- (c) if asked by the facility’s owner or operator—give information to the owner or operator about the type and amount of waste being delivered.","sortOrder":161},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":162},{"sectionNumber":"sec.114","sectionType":"section","heading":"Purpose of chapter","content":"### sec.114 Purpose of chapter\n\nThe purpose of this chapter is to give effect to, and enforce compliance with, the ‘National Environment Protection (National Pollutant Inventory) Measure 1998’ (the NPI NEPM ) made under the National Environment Protection Council Act 1994 (Cwlth) , section 14 .","sortOrder":163},{"sectionNumber":"sec.115","sectionType":"section","heading":"Definitions for chapter","content":"### sec.115 Definitions for chapter\n\nIn this chapter—\nreporting period , for a reporting facility, see section 118 .\nreporting requirement , for the occupier of a reporting facility, means the requirement for the occupier to give information to the chief executive under section 117 (2) or (7) .\nreporting threshold , for a substance, means the reporting threshold for the substance under the NPI NEPM.","sortOrder":164},{"sectionNumber":"sec.116","sectionType":"section","heading":"Expressions in this part have same meaning as under NPI NEPM","content":"### sec.116 Expressions in this part have same meaning as under NPI NEPM\n\nUnless this regulation provides otherwise, expressions in this part that are defined under the NPI NEPM have the same meaning as they have in the NPI NEPM.","sortOrder":165},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Reporting requirements","content":"# Reporting requirements","sortOrder":166},{"sectionNumber":"sec.117","sectionType":"section","heading":"Occupiers of reporting facilities to give information","content":"### sec.117 Occupiers of reporting facilities to give information\n\nThis section applies to the occupier of a reporting facility that, under NPI NEPM, exceeds the reporting threshold for a substance in the facility’s reporting period.\nThe occupier must, within 3 months after the end of the reporting period, give the chief executive the following, unless the occupier has a reasonable excuse—\nthe information mentioned in NPI NEPM, section 9 (1) ;\na statement about the information that complies with NPI NEPM, section 9 (6) .\nMaximum penalty—20 penalty units.\nHowever, this section does not apply unless—\nthe Commonwealth and the State agree that the code under ANZSIC for 1 or more activities carried out at the facility is an industry type required to report under this measure; and\nthe Commonwealth has included the code on a list as an industry type required to report under this measure and published the list; and\nthe Commonwealth publishes industry reporting materials for the code.\nAlso, this section does not apply to mandatory transfer data mentioned in NPI NEPM, section 9 (1) , unless the Commonwealth publishes industry reporting materials for transfers.\nSubsection (2) is subject to sections 126 and 128 .\nIf the chief executive requires further information in relation to the information mentioned in NPI NEPM, section 9 (1) (e) or (g) , the chief executive may give the occupier a written notice stating—\nthe information required; and\nwhy the information is required; and\na reasonable period of at least 30 business days for compliance; and\nthe review or appeal details for the decision to give the notice.\nThe occupier must comply with the notice unless the occupier has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIn this section—\nANZSIC means the document called ‘1292.0 - Australian and New Zealand Standard Industrial Classification (ANZSIC), 2006 (Revision 2.0)’, made by the Australian Bureau of Statistics.\n(sec.117-ssec.1) This section applies to the occupier of a reporting facility that, under NPI NEPM, exceeds the reporting threshold for a substance in the facility’s reporting period.\n(sec.117-ssec.2) The occupier must, within 3 months after the end of the reporting period, give the chief executive the following, unless the occupier has a reasonable excuse— the information mentioned in NPI NEPM, section 9 (1) ; a statement about the information that complies with NPI NEPM, section 9 (6) . Maximum penalty—20 penalty units.\n(sec.117-ssec.3) However, this section does not apply unless— the Commonwealth and the State agree that the code under ANZSIC for 1 or more activities carried out at the facility is an industry type required to report under this measure; and the Commonwealth has included the code on a list as an industry type required to report under this measure and published the list; and the Commonwealth publishes industry reporting materials for the code.\n(sec.117-ssec.4) Also, this section does not apply to mandatory transfer data mentioned in NPI NEPM, section 9 (1) , unless the Commonwealth publishes industry reporting materials for transfers.\n(sec.117-ssec.5) Subsection (2) is subject to sections 126 and 128 .\n(sec.117-ssec.6) If the chief executive requires further information in relation to the information mentioned in NPI NEPM, section 9 (1) (e) or (g) , the chief executive may give the occupier a written notice stating— the information required; and why the information is required; and a reasonable period of at least 30 business days for compliance; and the review or appeal details for the decision to give the notice.\n(sec.117-ssec.7) The occupier must comply with the notice unless the occupier has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.117-ssec.8) In this section— ANZSIC means the document called ‘1292.0 - Australian and New Zealand Standard Industrial Classification (ANZSIC), 2006 (Revision 2.0)’, made by the Australian Bureau of Statistics.\n- (a) the information mentioned in NPI NEPM, section 9 (1) ;\n- (b) a statement about the information that complies with NPI NEPM, section 9 (6) .\n- (a) the Commonwealth and the State agree that the code under ANZSIC for 1 or more activities carried out at the facility is an industry type required to report under this measure; and\n- (b) the Commonwealth has included the code on a list as an industry type required to report under this measure and published the list; and\n- (c) the Commonwealth publishes industry reporting materials for the code.\n- (a) the information required; and\n- (b) why the information is required; and\n- (c) a reasonable period of at least 30 business days for compliance; and\n- (d) the review or appeal details for the decision to give the notice.","sortOrder":167},{"sectionNumber":"sec.118","sectionType":"section","heading":"Reporting period for reporting facility","content":"### sec.118 Reporting period for reporting facility\n\nThe reporting period for a reporting facility is—\na financial year; or\nif the chief executive decides the occupier of the facility is required to collect or collate data similar to emission data or mandatory transfer data on the basis of a different annual reporting period—the annual reporting period decided by the chief executive.\nThe chief executive may make a decision under subsection (1) (b) —\non the chief executive’s own initiative; or\non a written application for a particular reporting period (a reporting period application ) made to the chief executive by the occupier.\nAs soon as practicable after making the decision, the chief executive must give the occupier a written notice (a reporting period notice ) about the decision.\nThe reporting period notice about the decision is an information notice about the decision if—\nthe decision has been made on the chief executive’s own initiative; or\nthe occupier has made a reporting period application and the chief executive has refused it.\nIf the occupier makes a reporting period application and the chief executive fails to give the occupier a reporting period notice within 40 days after the application is made, the failure is taken to be a decision by the chief executive to refuse the application at the end of the 40 days.\n(sec.118-ssec.1) The reporting period for a reporting facility is— a financial year; or if the chief executive decides the occupier of the facility is required to collect or collate data similar to emission data or mandatory transfer data on the basis of a different annual reporting period—the annual reporting period decided by the chief executive.\n(sec.118-ssec.2) The chief executive may make a decision under subsection (1) (b) — on the chief executive’s own initiative; or on a written application for a particular reporting period (a reporting period application ) made to the chief executive by the occupier.\n(sec.118-ssec.3) As soon as practicable after making the decision, the chief executive must give the occupier a written notice (a reporting period notice ) about the decision.\n(sec.118-ssec.4) The reporting period notice about the decision is an information notice about the decision if— the decision has been made on the chief executive’s own initiative; or the occupier has made a reporting period application and the chief executive has refused it.\n(sec.118-ssec.5) If the occupier makes a reporting period application and the chief executive fails to give the occupier a reporting period notice within 40 days after the application is made, the failure is taken to be a decision by the chief executive to refuse the application at the end of the 40 days.\n- (a) a financial year; or\n- (b) if the chief executive decides the occupier of the facility is required to collect or collate data similar to emission data or mandatory transfer data on the basis of a different annual reporting period—the annual reporting period decided by the chief executive.\n- (a) on the chief executive’s own initiative; or\n- (b) on a written application for a particular reporting period (a reporting period application ) made to the chief executive by the occupier.\n- (a) the decision has been made on the chief executive’s own initiative; or\n- (b) the occupier has made a reporting period application and the chief executive has refused it.","sortOrder":168},{"sectionNumber":"sec.119","sectionType":"section","heading":"Occupier must keep particular information for 3 years","content":"### sec.119 Occupier must keep particular information for 3 years\n\nSubsection (2) applies to the occupier of a reporting facility for keeping the information used in deciding if the reporting threshold for a substance is exceeded in the reporting period for the facility.\nThe occupier must keep the information for 3 years after the reporting period ends.\nMaximum penalty—20 penalty units.\nSubsection (4) applies to the occupier of a reporting facility for keeping the information required to assess the emission data and mandatory transfer data given to the chief executive under section 117 (2) or (7) .\nThe occupier must keep the information for 3 years after—\nthe emission data and mandatory transfer data are required to be given to the chief executive under section 117 (2) ; or\nif the chief executive requires information under a notice given under section 117 (6) , the period for compliance stated in the notice.\nMaximum penalty—20 penalty units.\n(sec.119-ssec.1) Subsection (2) applies to the occupier of a reporting facility for keeping the information used in deciding if the reporting threshold for a substance is exceeded in the reporting period for the facility.\n(sec.119-ssec.2) The occupier must keep the information for 3 years after the reporting period ends. Maximum penalty—20 penalty units.\n(sec.119-ssec.3) Subsection (4) applies to the occupier of a reporting facility for keeping the information required to assess the emission data and mandatory transfer data given to the chief executive under section 117 (2) or (7) .\n(sec.119-ssec.4) The occupier must keep the information for 3 years after— the emission data and mandatory transfer data are required to be given to the chief executive under section 117 (2) ; or if the chief executive requires information under a notice given under section 117 (6) , the period for compliance stated in the notice. Maximum penalty—20 penalty units.\n- (a) the emission data and mandatory transfer data are required to be given to the chief executive under section 117 (2) ; or\n- (b) if the chief executive requires information under a notice given under section 117 (6) , the period for compliance stated in the notice.","sortOrder":169},{"sectionNumber":"sec.120","sectionType":"section","heading":"Minister may name occupier in report","content":"### sec.120 Minister may name occupier in report\n\nThis section applies to the occupier of a reporting facility if the Minister is satisfied the occupier has contravened any of the following (each a relevant provision )—\nsection 117 (2) or (7) ;\nsection 480 , 480A or 481 of the Act for giving information required to be given under section 117 .\nIf the Minister is satisfied it is appropriate in the circumstances, the Minister may, in the Minister’s implementation report, name the occupier as a person who the Minister is satisfied has contravened a relevant provision.\nIn deciding whether it is appropriate in the circumstances to name the occupier in the implementation report, the Minister must have regard to the following matters—\nany mitigating or aggravating circumstances;\nwhether the occupier has previously contravened a relevant provision and any action taken against the occupier for the contravention;\nwhether naming the occupier would be unreasonably harsh or oppressive.\nBefore naming the occupier in the report, the Minister must give the occupier a written notice stating the following—\nthat the Minister proposes naming the occupier in the implementation report as a person who the Minister is satisfied has failed to comply with a relevant provision;\nthe grounds for the proposed action;\nthat the occupier may make, within a stated period (the show cause period ) written representations to show why the proposed action should not be taken.\nThe show cause period must be a period of at least 28 days after the notice is given to the occupier.\nThe Minister must consider the written representations, if any, made by the occupier during the show cause period.\nIf after considering the representations the Minister still considers it is appropriate to name the person in the report, the Minister may do so.\nThe Minister must give the occupier written notice of the decision stating the following—\nthat the Minister has decided to name the occupier in the implementation report as a person who the Minister is satisfied has failed to comply with a relevant provision, and the reasons for the decision;\nthe review or appeal details for the decision.\nIn this section—\nimplementation report means the Minister’s report submitted to the National Environment Protection Council under the National Environment Protection Council (Queensland) Act 1994 , section 23 .\n(sec.120-ssec.1) This section applies to the occupier of a reporting facility if the Minister is satisfied the occupier has contravened any of the following (each a relevant provision )— section 117 (2) or (7) ; section 480 , 480A or 481 of the Act for giving information required to be given under section 117 .\n(sec.120-ssec.2) If the Minister is satisfied it is appropriate in the circumstances, the Minister may, in the Minister’s implementation report, name the occupier as a person who the Minister is satisfied has contravened a relevant provision.\n(sec.120-ssec.3) In deciding whether it is appropriate in the circumstances to name the occupier in the implementation report, the Minister must have regard to the following matters— any mitigating or aggravating circumstances; whether the occupier has previously contravened a relevant provision and any action taken against the occupier for the contravention; whether naming the occupier would be unreasonably harsh or oppressive.\n(sec.120-ssec.4) Before naming the occupier in the report, the Minister must give the occupier a written notice stating the following— that the Minister proposes naming the occupier in the implementation report as a person who the Minister is satisfied has failed to comply with a relevant provision; the grounds for the proposed action; that the occupier may make, within a stated period (the show cause period ) written representations to show why the proposed action should not be taken.\n(sec.120-ssec.5) The show cause period must be a period of at least 28 days after the notice is given to the occupier.\n(sec.120-ssec.6) The Minister must consider the written representations, if any, made by the occupier during the show cause period.\n(sec.120-ssec.7) If after considering the representations the Minister still considers it is appropriate to name the person in the report, the Minister may do so.\n(sec.120-ssec.8) The Minister must give the occupier written notice of the decision stating the following— that the Minister has decided to name the occupier in the implementation report as a person who the Minister is satisfied has failed to comply with a relevant provision, and the reasons for the decision; the review or appeal details for the decision.\n(sec.120-ssec.9) In this section— implementation report means the Minister’s report submitted to the National Environment Protection Council under the National Environment Protection Council (Queensland) Act 1994 , section 23 .\n- (a) section 117 (2) or (7) ;\n- (b) section 480 , 480A or 481 of the Act for giving information required to be given under section 117 .\n- (a) any mitigating or aggravating circumstances;\n- (b) whether the occupier has previously contravened a relevant provision and any action taken against the occupier for the contravention;\n- (c) whether naming the occupier would be unreasonably harsh or oppressive.\n- (a) that the Minister proposes naming the occupier in the implementation report as a person who the Minister is satisfied has failed to comply with a relevant provision;\n- (b) the grounds for the proposed action;\n- (c) that the occupier may make, within a stated period (the show cause period ) written representations to show why the proposed action should not be taken.\n- (a) that the Minister has decided to name the occupier in the implementation report as a person who the Minister is satisfied has failed to comply with a relevant provision, and the reasons for the decision;\n- (b) the review or appeal details for the decision.","sortOrder":170},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Estimation techniques for emission and transfer data","content":"# Estimation techniques for emission and transfer data","sortOrder":171},{"sectionNumber":"sec.121","sectionType":"section","heading":"Occupier of reporting facility must use estimation technique","content":"### sec.121 Occupier of reporting facility must use estimation technique\n\nThe occupier of a reporting facility must use a technique (an estimation technique ) for estimating emission data and mandatory transfer data for complying with the facility’s reporting requirements.\nThe estimation technique must be—\na technique for estimating the data for the reporting facility, approved by the chief executive under section 124 or 125 ; or\nif paragraph (a) does not apply—the technique for estimating the data stated in the industry reporting materials for the relevant type of reporting facility.\n(sec.121-ssec.1) The occupier of a reporting facility must use a technique (an estimation technique ) for estimating emission data and mandatory transfer data for complying with the facility’s reporting requirements.\n(sec.121-ssec.2) The estimation technique must be— a technique for estimating the data for the reporting facility, approved by the chief executive under section 124 or 125 ; or if paragraph (a) does not apply—the technique for estimating the data stated in the industry reporting materials for the relevant type of reporting facility.\n- (a) a technique for estimating the data for the reporting facility, approved by the chief executive under section 124 or 125 ; or\n- (b) if paragraph (a) does not apply—the technique for estimating the data stated in the industry reporting materials for the relevant type of reporting facility.","sortOrder":172},{"sectionNumber":"sec.122","sectionType":"section","heading":"When chief executive may approve estimation technique","content":"### sec.122 When chief executive may approve estimation technique\n\nThe chief executive may approve an estimation technique for use by the occupier of a reporting facility (an estimation technique approval ) if—\nthere is no estimation technique for estimating emission data and mandatory transfer data stated in the relevant industry reporting materials for the reporting facility; or\nboth of the following apply—\nthe relevant industry reporting materials for the reporting facility state an estimation technique (the existing technique ) for estimating the data;\nthe chief executive reasonably considers another technique is likely to provide more representative emission data and mandatory transfer data than the existing technique.\n- (a) there is no estimation technique for estimating emission data and mandatory transfer data stated in the relevant industry reporting materials for the reporting facility; or\n- (b) both of the following apply— (i) the relevant industry reporting materials for the reporting facility state an estimation technique (the existing technique ) for estimating the data; (ii) the chief executive reasonably considers another technique is likely to provide more representative emission data and mandatory transfer data than the existing technique.\n- (i) the relevant industry reporting materials for the reporting facility state an estimation technique (the existing technique ) for estimating the data;\n- (ii) the chief executive reasonably considers another technique is likely to provide more representative emission data and mandatory transfer data than the existing technique.\n- (i) the relevant industry reporting materials for the reporting facility state an estimation technique (the existing technique ) for estimating the data;\n- (ii) the chief executive reasonably considers another technique is likely to provide more representative emission data and mandatory transfer data than the existing technique.","sortOrder":173},{"sectionNumber":"sec.123","sectionType":"section","heading":"Application for approval of estimation technique","content":"### sec.123 Application for approval of estimation technique\n\nThe occupier of a reporting facility may apply to the chief executive for an estimation technique approval (an estimation technique application ).\nThe estimation technique application must—\nstate the estimation technique for which approval is sought; and\ngive the information necessary to enable the chief executive to decide the application.\nThe chief executive may give the occupier a written notice asking the occupier to give to the chief executive, in the reasonable period stated in the notice, further information the chief executive reasonably considers necessary to decide the application.\nA notice under subsection (3) is an information notice about the chief executive’s decision to ask for the further information.\n(sec.123-ssec.1) The occupier of a reporting facility may apply to the chief executive for an estimation technique approval (an estimation technique application ).\n(sec.123-ssec.2) The estimation technique application must— state the estimation technique for which approval is sought; and give the information necessary to enable the chief executive to decide the application.\n(sec.123-ssec.3) The chief executive may give the occupier a written notice asking the occupier to give to the chief executive, in the reasonable period stated in the notice, further information the chief executive reasonably considers necessary to decide the application.\n(sec.123-ssec.4) A notice under subsection (3) is an information notice about the chief executive’s decision to ask for the further information.\n- (a) state the estimation technique for which approval is sought; and\n- (b) give the information necessary to enable the chief executive to decide the application.","sortOrder":174},{"sectionNumber":"sec.124","sectionType":"section","heading":"Deciding estimation technique application","content":"### sec.124 Deciding estimation technique application\n\nFor deciding an estimation technique application, the chief executive must—\napprove the estimation technique for which approval is sought (the proposed technique ); or\nrefuse to approve the proposed technique; or\napprove the proposed technique subject to a modification decided by the chief executive; or\napprove another estimation technique.\nIn deciding whether to approve the proposed technique, or approve another estimation technique, the chief executive must have regard to the representativeness of the proposed technique compared with the representativeness of estimation techniques in the relevant industry reporting materials for the reporting facility.\nThe chief executive may refuse to approve the proposed technique if—\nthe chief executive has given the occupier a notice under section 123 (3) asking for further information; and\nthe occupier does not comply with the request in the period stated in the notice.\nThe chief executive must give the occupier written notice of the decision under subsection (1) as soon as possible after making the decision.\nIf the chief executive decides to approve the technique subject to a modification, the notice must state the modification.\nIf the chief executive refuses to approve the proposed technique, approves it subject to a modification or approves another estimation technique, the chief executive must give the occupier an information notice about the decision.\nSubsection (8) applies if the chief executive fails to give the occupier a notice about the chief executive’s decision—\nwithin 40 days after the application is made; or\nif the occupier gave the chief executive further information requested under section 123 (3) —within 40 days after receiving the further information.\nThe chief executive’s failure to give the notice is taken to be a decision by the chief executive to refuse to approve the proposed technique.\n(sec.124-ssec.1) For deciding an estimation technique application, the chief executive must— approve the estimation technique for which approval is sought (the proposed technique ); or refuse to approve the proposed technique; or approve the proposed technique subject to a modification decided by the chief executive; or approve another estimation technique.\n(sec.124-ssec.2) In deciding whether to approve the proposed technique, or approve another estimation technique, the chief executive must have regard to the representativeness of the proposed technique compared with the representativeness of estimation techniques in the relevant industry reporting materials for the reporting facility.\n(sec.124-ssec.3) The chief executive may refuse to approve the proposed technique if— the chief executive has given the occupier a notice under section 123 (3) asking for further information; and the occupier does not comply with the request in the period stated in the notice.\n(sec.124-ssec.4) The chief executive must give the occupier written notice of the decision under subsection (1) as soon as possible after making the decision.\n(sec.124-ssec.5) If the chief executive decides to approve the technique subject to a modification, the notice must state the modification.\n(sec.124-ssec.6) If the chief executive refuses to approve the proposed technique, approves it subject to a modification or approves another estimation technique, the chief executive must give the occupier an information notice about the decision.\n(sec.124-ssec.7) Subsection (8) applies if the chief executive fails to give the occupier a notice about the chief executive’s decision— within 40 days after the application is made; or if the occupier gave the chief executive further information requested under section 123 (3) —within 40 days after receiving the further information.\n(sec.124-ssec.8) The chief executive’s failure to give the notice is taken to be a decision by the chief executive to refuse to approve the proposed technique.\n- (a) approve the estimation technique for which approval is sought (the proposed technique ); or\n- (b) refuse to approve the proposed technique; or\n- (c) approve the proposed technique subject to a modification decided by the chief executive; or\n- (d) approve another estimation technique.\n- (a) the chief executive has given the occupier a notice under section 123 (3) asking for further information; and\n- (b) the occupier does not comply with the request in the period stated in the notice.\n- (a) within 40 days after the application is made; or\n- (b) if the occupier gave the chief executive further information requested under section 123 (3) —within 40 days after receiving the further information.","sortOrder":175},{"sectionNumber":"sec.125","sectionType":"section","heading":"Approval of estimation technique on chief executive’s initiative","content":"### sec.125 Approval of estimation technique on chief executive’s initiative\n\nThe chief executive may, at any time, give an estimation technique approval for a reporting facility.\nBefore giving an estimation technique approval, the chief executive must give the occupier of the reporting facility a written notice stating that the chief executive will give the approval within a stated period of at least 14 days unless the occupier makes an estimation technique application.\nIf the occupier does not make an estimation technique application within the stated period, the chief executive must give the occupier—\na notice stating the estimation technique approved by the chief executive; and\nan information notice about the decision to approve the estimation technique.\n(sec.125-ssec.1) The chief executive may, at any time, give an estimation technique approval for a reporting facility.\n(sec.125-ssec.2) Before giving an estimation technique approval, the chief executive must give the occupier of the reporting facility a written notice stating that the chief executive will give the approval within a stated period of at least 14 days unless the occupier makes an estimation technique application.\n(sec.125-ssec.3) If the occupier does not make an estimation technique application within the stated period, the chief executive must give the occupier— a notice stating the estimation technique approved by the chief executive; and an information notice about the decision to approve the estimation technique.\n- (a) a notice stating the estimation technique approved by the chief executive; and\n- (b) an information notice about the decision to approve the estimation technique.","sortOrder":176},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Exceptions to reporting requirements","content":"# Exceptions to reporting requirements","sortOrder":177},{"sectionNumber":"sec.126","sectionType":"section","heading":"Exemption on ground of national security","content":"### sec.126 Exemption on ground of national security\n\nThis section applies if the occupier of a facility gives the chief executive written evidence that—\nthe occupier has made a claim to the Commonwealth under NPI NEPM that information required to be given by the occupier under section 117 (2) should be treated as confidential on the grounds of national security; and\nthe claim—\nhas been granted; or\nhas not been assessed before the occupier is required to give the chief executive the information.\nSubject to subsections (3) and (4) , the occupier is exempted from giving the chief executive the information.\nSubsection (4) applies if—\nsubsection (1) (b) (ii) applies; and\nthe Commonwealth refuses the claim after the occupier is required to give the chief executive the information.\nThe occupier must give the chief executive the information within the later of the following—\n3 months after the end of the reporting period;\n10 business days after receiving notice of the Commonwealth’s decision to refuse the claim.\n(sec.126-ssec.1) This section applies if the occupier of a facility gives the chief executive written evidence that— the occupier has made a claim to the Commonwealth under NPI NEPM that information required to be given by the occupier under section 117 (2) should be treated as confidential on the grounds of national security; and the claim— has been granted; or has not been assessed before the occupier is required to give the chief executive the information.\n(sec.126-ssec.2) Subject to subsections (3) and (4) , the occupier is exempted from giving the chief executive the information.\n(sec.126-ssec.3) Subsection (4) applies if— subsection (1) (b) (ii) applies; and the Commonwealth refuses the claim after the occupier is required to give the chief executive the information.\n(sec.126-ssec.4) The occupier must give the chief executive the information within the later of the following— 3 months after the end of the reporting period; 10 business days after receiving notice of the Commonwealth’s decision to refuse the claim.\n- (a) the occupier has made a claim to the Commonwealth under NPI NEPM that information required to be given by the occupier under section 117 (2) should be treated as confidential on the grounds of national security; and\n- (b) the claim— (i) has been granted; or (ii) has not been assessed before the occupier is required to give the chief executive the information.\n- (i) has been granted; or\n- (ii) has not been assessed before the occupier is required to give the chief executive the information.\n- (i) has been granted; or\n- (ii) has not been assessed before the occupier is required to give the chief executive the information.\n- (a) subsection (1) (b) (ii) applies; and\n- (b) the Commonwealth refuses the claim after the occupier is required to give the chief executive the information.\n- (a) 3 months after the end of the reporting period;\n- (b) 10 business days after receiving notice of the Commonwealth’s decision to refuse the claim.","sortOrder":178},{"sectionNumber":"sec.127","sectionType":"section","heading":"Claiming exemption on ground of commercial confidentiality","content":"### sec.127 Claiming exemption on ground of commercial confidentiality\n\nThe occupier of a facility may, by written notice given to the chief executive, claim information that the occupier is required to give under section 117 (2) or (7) should be treated as confidential on the grounds of commercial confidentiality.\nThe notice must contain the information necessary to enable the chief executive to decide the claim.\nThe chief executive may, by written notice to the occupier, ask the occupier to give the chief executive, in the reasonable period stated in the notice, further relevant information to enable the chief executive to decide the claim.\nA notice under subsection (3) must be accompanied by an information notice about the chief executive’s decision to make the request.\n(sec.127-ssec.1) The occupier of a facility may, by written notice given to the chief executive, claim information that the occupier is required to give under section 117 (2) or (7) should be treated as confidential on the grounds of commercial confidentiality.\n(sec.127-ssec.2) The notice must contain the information necessary to enable the chief executive to decide the claim.\n(sec.127-ssec.3) The chief executive may, by written notice to the occupier, ask the occupier to give the chief executive, in the reasonable period stated in the notice, further relevant information to enable the chief executive to decide the claim.\n(sec.127-ssec.4) A notice under subsection (3) must be accompanied by an information notice about the chief executive’s decision to make the request.","sortOrder":179},{"sectionNumber":"sec.128","sectionType":"section","heading":"Deciding claim for exemption on ground of commercial confidentiality","content":"### sec.128 Deciding claim for exemption on ground of commercial confidentiality\n\nThe chief executive may grant the claim only if the chief executive reasonably believes—\nthe information would be exempt information under the Right to Information Act 2009 ; or\ndisclosure of the information would be reasonably expected to cause a public interest harm as mentioned in the Right to Information Act 2009 , schedule 4 , part 4 , item 7.\nIf the chief executive grants the claim—\nthe chief executive must give the occupier a notice about the decision; and\nthe occupier is exempted from giving the chief executive the information for the period stated in the notice.\nThe chief executive may refuse to grant the claim if the chief executive has given the occupier a notice under section 127 (3) asking for further information and the occupier does not comply with the request in the period stated in the notice.\nThe chief executive must give the occupier written notice of the chief executive’s decision on the claim.\nIf the chief executive refuses to grant the claim, the notice must be an information notice about the decision to refuse the claim.\nSubsection (7) applies if the chief executive fails to give the occupier a notice about the chief executive’s decision on the claim—\nwithin 60 days after the claim is made; or\nif the occupier gives the chief executive further information under section 127 (3) —within 60 days after receiving the further information.\nThe chief executive’s failure to give the notice is taken to be a decision by the chief executive to refuse to grant the claim at the end of the relevant 60 days.\n(sec.128-ssec.1) The chief executive may grant the claim only if the chief executive reasonably believes— the information would be exempt information under the Right to Information Act 2009 ; or disclosure of the information would be reasonably expected to cause a public interest harm as mentioned in the Right to Information Act 2009 , schedule 4 , part 4 , item 7.\n(sec.128-ssec.2) If the chief executive grants the claim— the chief executive must give the occupier a notice about the decision; and the occupier is exempted from giving the chief executive the information for the period stated in the notice.\n(sec.128-ssec.3) The chief executive may refuse to grant the claim if the chief executive has given the occupier a notice under section 127 (3) asking for further information and the occupier does not comply with the request in the period stated in the notice.\n(sec.128-ssec.4) The chief executive must give the occupier written notice of the chief executive’s decision on the claim.\n(sec.128-ssec.5) If the chief executive refuses to grant the claim, the notice must be an information notice about the decision to refuse the claim.\n(sec.128-ssec.6) Subsection (7) applies if the chief executive fails to give the occupier a notice about the chief executive’s decision on the claim— within 60 days after the claim is made; or if the occupier gives the chief executive further information under section 127 (3) —within 60 days after receiving the further information.\n(sec.128-ssec.7) The chief executive’s failure to give the notice is taken to be a decision by the chief executive to refuse to grant the claim at the end of the relevant 60 days.\n- (a) the information would be exempt information under the Right to Information Act 2009 ; or\n- (b) disclosure of the information would be reasonably expected to cause a public interest harm as mentioned in the Right to Information Act 2009 , schedule 4 , part 4 , item 7.\n- (a) the chief executive must give the occupier a notice about the decision; and\n- (b) the occupier is exempted from giving the chief executive the information for the period stated in the notice.\n- (a) within 60 days after the claim is made; or\n- (b) if the occupier gives the chief executive further information under section 127 (3) —within 60 days after receiving the further information.","sortOrder":180},{"sectionNumber":"ch.7-pt.5","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":181},{"sectionNumber":"sec.129","sectionType":"section","heading":"Information not to be used as evidence","content":"### sec.129 Information not to be used as evidence\n\nInformation given by the occupier of a reporting facility under this chapter is not admissible in evidence in proceedings against the occupier, other than for an offence against section 480 , 480A or 481 of the Act .","sortOrder":182},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Devolution of powers","content":"# Devolution of powers","sortOrder":183},{"sectionNumber":"ch.8-pt.1-div.1","sectionType":"division","heading":"Matters devolved to local government","content":"## Matters devolved to local government","sortOrder":184},{"sectionNumber":"sec.130","sectionType":"section","heading":"Environmental nuisance","content":"### sec.130 Environmental nuisance\n\nThe administration and enforcement of each of the following provisions is devolved to each local government for its local government area—\nsection 440 of the Act ;\nsection 443A of the Act .\nSubsection (1) applies in relation to an activity being carried on by a person unless the chief executive gives the local government a written notice stating the activity involves serious or material environmental harm.\nFor section 516 (2) (b) of the Act , the chief executive may not delegate the power to give a written notice under subsection (2) .\ns 130 amd 2024 Act No. 30 s 55\n(sec.130-ssec.1) The administration and enforcement of each of the following provisions is devolved to each local government for its local government area— section 440 of the Act ; section 443A of the Act .\n(sec.130-ssec.2) Subsection (1) applies in relation to an activity being carried on by a person unless the chief executive gives the local government a written notice stating the activity involves serious or material environmental harm.\n(sec.130-ssec.3) For section 516 (2) (b) of the Act , the chief executive may not delegate the power to give a written notice under subsection (2) .\n- (a) section 440 of the Act ;\n- (b) section 443A of the Act .","sortOrder":185},{"sectionNumber":"sec.131","sectionType":"section","heading":"Noise standards","content":"### sec.131 Noise standards\n\nThe administration and enforcement of each of the following provisions is devolved to each local government for its local government area—\nsection 440Q of the Act ;\nchapter 8 , part 3B , division 3 of the Act .\n- (a) section 440Q of the Act ;\n- (b) chapter 8 , part 3B , division 3 of the Act .","sortOrder":186},{"sectionNumber":"sec.132","sectionType":"section","heading":"Water contamination","content":"### sec.132 Water contamination\n\nThe administration and enforcement of chapter 8 , part 3C of the Act is devolved to each local government for its local government area.","sortOrder":187},{"sectionNumber":"sec.133","sectionType":"section","heading":"Particular prescribed ERAs","content":"### sec.133 Particular prescribed ERAs\n\nThe administration and enforcement of the Act in relation to each of the following prescribed ERAs is devolved to a prescribed local government where the activity is, or is to be, carried out in its local government area—\nasphalt manufacturing;\nplastic product manufacturing;\nmetal forming;\nsurface coating, carried out within the threshold for anodising, electroplating, enamelling or galvanising, using 1t to 100t of surface coating materials in a year;\nboat maintenance or repair, but only to the extent the activity is, or is to be, carried out at a boat maintenance or repair facility.\nSee schedule 2 , sections 6 , 12 , 19 , 38 and 49 .\nIn this section—\nprescribed local government means a local government, other than a local government mentioned in schedule 13 .\n(sec.133-ssec.1) The administration and enforcement of the Act in relation to each of the following prescribed ERAs is devolved to a prescribed local government where the activity is, or is to be, carried out in its local government area— asphalt manufacturing; plastic product manufacturing; metal forming; surface coating, carried out within the threshold for anodising, electroplating, enamelling or galvanising, using 1t to 100t of surface coating materials in a year; boat maintenance or repair, but only to the extent the activity is, or is to be, carried out at a boat maintenance or repair facility. See schedule 2 , sections 6 , 12 , 19 , 38 and 49 .\n(sec.133-ssec.2) In this section— prescribed local government means a local government, other than a local government mentioned in schedule 13 .\n- (a) asphalt manufacturing;\n- (b) plastic product manufacturing;\n- (c) metal forming;\n- (d) surface coating, carried out within the threshold for anodising, electroplating, enamelling or galvanising, using 1t to 100t of surface coating materials in a year;\n- (e) boat maintenance or repair, but only to the extent the activity is, or is to be, carried out at a boat maintenance or repair facility.","sortOrder":188},{"sectionNumber":"sec.134","sectionType":"section","heading":"Devolution includes statutory instruments under Act","content":"### sec.134 Devolution includes statutory instruments under Act\n\nTo remove any doubt, it is declared that the administration and enforcement of the Act in relation to a matter devolved to a local government under this division includes the administration and enforcement of statutory instruments made under the Act in relation to the matter.","sortOrder":189},{"sectionNumber":"sec.135","sectionType":"section","heading":"Devolution—waste management in local government areas","content":"### sec.135 Devolution—waste management in local government areas\n\nThe administration and enforcement of chapter 6 , part 2 is devolved to each local government for its local government area.","sortOrder":190},{"sectionNumber":"sec.136","sectionType":"section","heading":"Devolution—receiving and disposing of waste","content":"### sec.136 Devolution—receiving and disposing of waste\n\nThe administration and enforcement of chapter 6 , part 3 , to the extent it relates to a waste facility owned, operated or otherwise controlled by a local government, is devolved to that local government.","sortOrder":191},{"sectionNumber":"ch.8-pt.1-div.2","sectionType":"division","heading":"Matters not devolved to local government","content":"## Matters not devolved to local government","sortOrder":192},{"sectionNumber":"sec.137","sectionType":"section","heading":"Issuing particular notices and orders","content":"### sec.137 Issuing particular notices and orders\n\nDespite division 1 , the administration and enforcement of a relevant provision is not devolved to a local government, regardless of whether or not a matter to which the relevant provision relates is otherwise devolved to a local government.\nIn this section—\nrelevant provision means—\nsection 362 (2) (a) of the Act ; or\nchapter 7 , part 5 , division 3 of the Act ; or\nchapter 7 , part 5 , division 4 of the Act .\ns 137 amd 2024 Act No. 30 s 56\n(sec.137-ssec.1) Despite division 1 , the administration and enforcement of a relevant provision is not devolved to a local government, regardless of whether or not a matter to which the relevant provision relates is otherwise devolved to a local government.\n(sec.137-ssec.2) In this section— relevant provision means— section 362 (2) (a) of the Act ; or chapter 7 , part 5 , division 3 of the Act ; or chapter 7 , part 5 , division 4 of the Act .\n- (a) section 362 (2) (a) of the Act ; or\n- (b) chapter 7 , part 5 , division 3 of the Act ; or\n- (c) chapter 7 , part 5 , division 4 of the Act .","sortOrder":193},{"sectionNumber":"sec.138","sectionType":"section","heading":"Record keeping for particular fuel suppliers","content":"### sec.138 Record keeping for particular fuel suppliers\n\nThe administration and enforcement of chapter 5 , part 7 is not devolved to a local government, regardless of whether or not an activity to which the part relates is otherwise devolved to a local government.","sortOrder":194},{"sectionNumber":"sec.139","sectionType":"section","heading":"Enforcing compliance with NPI NEPM","content":"### sec.139 Enforcing compliance with NPI NEPM\n\nDespite section 133 , the administration and enforcement of chapter 7 is not devolved to a local government, regardless of whether or not an activity to which the chapter relates is otherwise devolved to a local government.","sortOrder":195},{"sectionNumber":"sec.140","sectionType":"section","heading":"Other particular acts, omissions or activities","content":"### sec.140 Other particular acts, omissions or activities\n\nThis section applies despite division 1 .\nThe administration and enforcement of a provision of the Act mentioned in sections 130 to 132 is not devolved to a local government if the administration and enforcement of the provision relates to—\na thing that is, or is claimed to have been, done, or omitted to be done, by a State or local government entity; or\nan environmentally relevant activity that is not devolved to a local government.\nThe administration and enforcement of the Act in relation to an environmentally relevant activity is not devolved to a local government if the activity is, or is to be, carried out by a State or local government entity.\n(sec.140-ssec.1) This section applies despite division 1 .\n(sec.140-ssec.2) The administration and enforcement of a provision of the Act mentioned in sections 130 to 132 is not devolved to a local government if the administration and enforcement of the provision relates to— a thing that is, or is claimed to have been, done, or omitted to be done, by a State or local government entity; or an environmentally relevant activity that is not devolved to a local government.\n(sec.140-ssec.3) The administration and enforcement of the Act in relation to an environmentally relevant activity is not devolved to a local government if the activity is, or is to be, carried out by a State or local government entity.\n- (a) a thing that is, or is claimed to have been, done, or omitted to be done, by a State or local government entity; or\n- (b) an environmentally relevant activity that is not devolved to a local government.","sortOrder":196},{"sectionNumber":"sec.141","sectionType":"section","heading":"Mobile and temporary activity across local government areas","content":"### sec.141 Mobile and temporary activity across local government areas\n\nThis section applies if a mobile and temporary environmentally relevant activity is, or is to be, carried out by a person in more than 1 local government area.\nDespite section 133 , the administration and enforcement of the Act in relation to the activity is not devolved to a local government.\n(sec.141-ssec.1) This section applies if a mobile and temporary environmentally relevant activity is, or is to be, carried out by a person in more than 1 local government area.\n(sec.141-ssec.2) Despite section 133 , the administration and enforcement of the Act in relation to the activity is not devolved to a local government.","sortOrder":197},{"sectionNumber":"sec.142","sectionType":"section","heading":"Carrying out devolved activity and non-devolved activity at a facility","content":"### sec.142 Carrying out devolved activity and non-devolved activity at a facility\n\nThis section applies to an environmentally relevant activity (the subject activity )—\nthat is, or is to be, carried out at a facility in a local government area; and\nto which, other than for this section, section 133 would apply.\nDespite section 133 , the subject activity is not devolved to a local government if—\nthe subject activity includes carrying out another environmentally relevant activity (the coextensive activity ) at the same facility; and\nthe administration and enforcement of the Act for the coextensive activity is not devolved to a local government.\n(sec.142-ssec.1) This section applies to an environmentally relevant activity (the subject activity )— that is, or is to be, carried out at a facility in a local government area; and to which, other than for this section, section 133 would apply.\n(sec.142-ssec.2) Despite section 133 , the subject activity is not devolved to a local government if— the subject activity includes carrying out another environmentally relevant activity (the coextensive activity ) at the same facility; and the administration and enforcement of the Act for the coextensive activity is not devolved to a local government.\n- (a) that is, or is to be, carried out at a facility in a local government area; and\n- (b) to which, other than for this section, section 133 would apply.\n- (a) the subject activity includes carrying out another environmentally relevant activity (the coextensive activity ) at the same facility; and\n- (b) the administration and enforcement of the Act for the coextensive activity is not devolved to a local government.","sortOrder":198},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Enforcement","content":"# Enforcement","sortOrder":199},{"sectionNumber":"sec.143","sectionType":"section","heading":"Authorised persons— Act , s 445","content":"### sec.143 Authorised persons— Act , s 445\n\nEmployees of a local government who are appointed as authorised persons under section 445 (2) of the Act are declared to be a class of persons for section 445 (1) (c) of the Act .","sortOrder":200},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Review of decisions and appeal","content":"# Review of decisions and appeal","sortOrder":201},{"sectionNumber":"sec.144","sectionType":"section","heading":"Original decisions and dissatisfied persons— Act , s 519","content":"### sec.144 Original decisions and dissatisfied persons— Act , s 519\n\nFor section 519 (2) of the Act , it is declared that chapter 11 , part 3 of the Act applies to the following decisions as if each decision were a decision mentioned in schedule 2 , part 2 of the Act —\nthe following decisions of the administering executive—\na decision to refuse a way of giving information under section 92 ;\na decision to approve a way of giving information subject to conditions under section 92 ;\na decision to impose a condition on the approval of a consignment number under section 93 (4) (a) ;\na decision to refuse an application for a consignment number under section 93 (4) (b) ;\na decision of the administering authority, under section 94 —\nto refuse an application (an exemption application ) for an exemption for the transportation of particular trackable waste; or\nto approve an exemption application subject to conditions;\nthe following decisions of the chief executive—\na decision to request information for assessing the integrity of emission data given by the occupier of a reporting facility under section 117 (6) ;\na decision about an annual reporting period for a reporting facility under section 118 (1) (b) ;\na decision to request information under section 123 (3) ;\na decision to refuse to approve an estimation technique, or approve it subject to a modification under section 124 (5) ;\na decision to request information to decide a claim for an exemption on the grounds of commercial confidentiality under section 127 (3) ;\na decision to refuse to grant a claim for exemption on the grounds of commercial confidentiality under section 128 .\nFor section 519 (2) of the Act , it is declared that chapter 11 , part 3 , division 1 and division 3 , subdivision 2 of the Act applies to a decision of the Minister under section 120 (7) as if the decision were a review decision.\nFor section 520 (1) (x) of the Act , each of the following persons is declared to be a dissatisfied person—\nfor a decision mentioned in subsection (1) (a) or (b) —the applicant for the decision; and\nfor a decision mentioned in subsection (1) (c) or (2) —the occupier of the reporting facility affected by the decision.\ns 144 amd 2024 SL No. 126 s 7\n(sec.144-ssec.1) For section 519 (2) of the Act , it is declared that chapter 11 , part 3 of the Act applies to the following decisions as if each decision were a decision mentioned in schedule 2 , part 2 of the Act — the following decisions of the administering executive— a decision to refuse a way of giving information under section 92 ; a decision to approve a way of giving information subject to conditions under section 92 ; a decision to impose a condition on the approval of a consignment number under section 93 (4) (a) ; a decision to refuse an application for a consignment number under section 93 (4) (b) ; a decision of the administering authority, under section 94 — to refuse an application (an exemption application ) for an exemption for the transportation of particular trackable waste; or to approve an exemption application subject to conditions; the following decisions of the chief executive— a decision to request information for assessing the integrity of emission data given by the occupier of a reporting facility under section 117 (6) ; a decision about an annual reporting period for a reporting facility under section 118 (1) (b) ; a decision to request information under section 123 (3) ; a decision to refuse to approve an estimation technique, or approve it subject to a modification under section 124 (5) ; a decision to request information to decide a claim for an exemption on the grounds of commercial confidentiality under section 127 (3) ; a decision to refuse to grant a claim for exemption on the grounds of commercial confidentiality under section 128 .\n(sec.144-ssec.2) For section 519 (2) of the Act , it is declared that chapter 11 , part 3 , division 1 and division 3 , subdivision 2 of the Act applies to a decision of the Minister under section 120 (7) as if the decision were a review decision.\n(sec.144-ssec.3) For section 520 (1) (x) of the Act , each of the following persons is declared to be a dissatisfied person— for a decision mentioned in subsection (1) (a) or (b) —the applicant for the decision; and for a decision mentioned in subsection (1) (c) or (2) —the occupier of the reporting facility affected by the decision.\n- (a) the following decisions of the administering executive— (i) a decision to refuse a way of giving information under section 92 ; (ii) a decision to approve a way of giving information subject to conditions under section 92 ; (iii) a decision to impose a condition on the approval of a consignment number under section 93 (4) (a) ; (iv) a decision to refuse an application for a consignment number under section 93 (4) (b) ;\n- (i) a decision to refuse a way of giving information under section 92 ;\n- (ii) a decision to approve a way of giving information subject to conditions under section 92 ;\n- (iii) a decision to impose a condition on the approval of a consignment number under section 93 (4) (a) ;\n- (iv) a decision to refuse an application for a consignment number under section 93 (4) (b) ;\n- (b) a decision of the administering authority, under section 94 — (i) to refuse an application (an exemption application ) for an exemption for the transportation of particular trackable waste; or (ii) to approve an exemption application subject to conditions;\n- (i) to refuse an application (an exemption application ) for an exemption for the transportation of particular trackable waste; or\n- (ii) to approve an exemption application subject to conditions;\n- (c) the following decisions of the chief executive— (i) a decision to request information for assessing the integrity of emission data given by the occupier of a reporting facility under section 117 (6) ; (ii) a decision about an annual reporting period for a reporting facility under section 118 (1) (b) ; (iii) a decision to request information under section 123 (3) ; (iv) a decision to refuse to approve an estimation technique, or approve it subject to a modification under section 124 (5) ; (v) a decision to request information to decide a claim for an exemption on the grounds of commercial confidentiality under section 127 (3) ; (vi) a decision to refuse to grant a claim for exemption on the grounds of commercial confidentiality under section 128 .\n- (i) a decision to request information for assessing the integrity of emission data given by the occupier of a reporting facility under section 117 (6) ;\n- (ii) a decision about an annual reporting period for a reporting facility under section 118 (1) (b) ;\n- (iii) a decision to request information under section 123 (3) ;\n- (iv) a decision to refuse to approve an estimation technique, or approve it subject to a modification under section 124 (5) ;\n- (v) a decision to request information to decide a claim for an exemption on the grounds of commercial confidentiality under section 127 (3) ;\n- (vi) a decision to refuse to grant a claim for exemption on the grounds of commercial confidentiality under section 128 .\n- (i) a decision to refuse a way of giving information under section 92 ;\n- (ii) a decision to approve a way of giving information subject to conditions under section 92 ;\n- (iii) a decision to impose a condition on the approval of a consignment number under section 93 (4) (a) ;\n- (iv) a decision to refuse an application for a consignment number under section 93 (4) (b) ;\n- (i) to refuse an application (an exemption application ) for an exemption for the transportation of particular trackable waste; or\n- (ii) to approve an exemption application subject to conditions;\n- (i) a decision to request information for assessing the integrity of emission data given by the occupier of a reporting facility under section 117 (6) ;\n- (ii) a decision about an annual reporting period for a reporting facility under section 118 (1) (b) ;\n- (iii) a decision to request information under section 123 (3) ;\n- (iv) a decision to refuse to approve an estimation technique, or approve it subject to a modification under section 124 (5) ;\n- (v) a decision to request information to decide a claim for an exemption on the grounds of commercial confidentiality under section 127 (3) ;\n- (vi) a decision to refuse to grant a claim for exemption on the grounds of commercial confidentiality under section 128 .\n- (a) for a decision mentioned in subsection (1) (a) or (b) —the applicant for the decision; and\n- (b) for a decision mentioned in subsection (1) (c) or (2) —the occupier of the reporting facility affected by the decision.","sortOrder":202},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Registers kept by administering authority","content":"# Registers kept by administering authority","sortOrder":203},{"sectionNumber":"sec.145","sectionType":"section","heading":"Prescribed documents and information for register of environmental reports— Act , s 540","content":"### sec.145 Prescribed documents and information for register of environmental reports— Act , s 540\n\nFor section 540 (1) (k) of the Act , the administering authority must keep in the register of environmental reports the following documents or information for each environmental evaluation it requires to be conducted or commissioned—\nthe name of the recipient of the notice to conduct or commission the evaluation;\nthe type of the evaluation;\nthe day the notice requiring the evaluation is issued;\nfor an evaluation of an activity the recipient has carried out, is carrying out, or proposes to carry out—\nthe type of activity; and\nif the activity is an environmentally relevant activity—the authority number for the environmental authority under which the activity is carried out; and\nthe address or location of the place where the activity has been, is being, or is proposed to be, carried out;\nfor an evaluation of an event—the nature of the event and where it happened;\nthe name of the person carrying out the evaluation;\nthe day the report about the evaluation is submitted to the administering authority;\nthe administering authority’s decision about the report;\nany action taken by the administering authority under section 326H or 326I of the Act .\n- (a) the name of the recipient of the notice to conduct or commission the evaluation;\n- (b) the type of the evaluation;\n- (c) the day the notice requiring the evaluation is issued;\n- (d) for an evaluation of an activity the recipient has carried out, is carrying out, or proposes to carry out— (i) the type of activity; and (ii) if the activity is an environmentally relevant activity—the authority number for the environmental authority under which the activity is carried out; and (iii) the address or location of the place where the activity has been, is being, or is proposed to be, carried out;\n- (i) the type of activity; and\n- (ii) if the activity is an environmentally relevant activity—the authority number for the environmental authority under which the activity is carried out; and\n- (iii) the address or location of the place where the activity has been, is being, or is proposed to be, carried out;\n- (e) for an evaluation of an event—the nature of the event and where it happened;\n- (f) the name of the person carrying out the evaluation;\n- (g) the day the report about the evaluation is submitted to the administering authority;\n- (h) the administering authority’s decision about the report;\n- (i) any action taken by the administering authority under section 326H or 326I of the Act .\n- (i) the type of activity; and\n- (ii) if the activity is an environmentally relevant activity—the authority number for the environmental authority under which the activity is carried out; and\n- (iii) the address or location of the place where the activity has been, is being, or is proposed to be, carried out;","sortOrder":204},{"sectionNumber":"sec.146","sectionType":"section","heading":"Prescribed documents and information for relevant monitoring programs— Act , s 540","content":"### sec.146 Prescribed documents and information for relevant monitoring programs— Act , s 540\n\nFor section 540 (1) (k) of the Act , the administering authority must keep the following documents or information for each relevant monitoring program—\nthe name of the person carrying out an activity to which the program relates;\nthe type of the activity the person is carrying out;\nfor an activity mentioned in paragraph (b) that is an environmentally relevant activity—the authority number for the environmental authority under which the activity is carried out;\nthe requirements under the program;\nthe name of the person carrying out the program;\nthe period covered by the program;\nthe results of the program;\nany document the administering authority gives to a person carrying out the activity or program because of the results of the program.\nIn this section—\nrelevant monitoring program means a monitoring program carried out under the following—\nthe Act ;\na development condition of a development approval;\na condition of an environmental authority.\n(sec.146-ssec.1) For section 540 (1) (k) of the Act , the administering authority must keep the following documents or information for each relevant monitoring program— the name of the person carrying out an activity to which the program relates; the type of the activity the person is carrying out; for an activity mentioned in paragraph (b) that is an environmentally relevant activity—the authority number for the environmental authority under which the activity is carried out; the requirements under the program; the name of the person carrying out the program; the period covered by the program; the results of the program; any document the administering authority gives to a person carrying out the activity or program because of the results of the program.\n(sec.146-ssec.2) In this section— relevant monitoring program means a monitoring program carried out under the following— the Act ; a development condition of a development approval; a condition of an environmental authority.\n- (a) the name of the person carrying out an activity to which the program relates;\n- (b) the type of the activity the person is carrying out;\n- (c) for an activity mentioned in paragraph (b) that is an environmentally relevant activity—the authority number for the environmental authority under which the activity is carried out;\n- (d) the requirements under the program;\n- (e) the name of the person carrying out the program;\n- (f) the period covered by the program;\n- (g) the results of the program;\n- (h) any document the administering authority gives to a person carrying out the activity or program because of the results of the program.\n- (a) the Act ;\n- (b) a development condition of a development approval;\n- (c) a condition of an environmental authority.","sortOrder":205},{"sectionNumber":"sec.147","sectionType":"section","heading":"Prescribed documents and information for register of transitional environmental programs— Act , s 540","content":"### sec.147 Prescribed documents and information for register of transitional environmental programs— Act , s 540\n\nFor section 540 (1) (k) of the Act , the administering authority must keep in the register of transitional environmental programs the following documents or information for each transitional environmental program—\nthe name of the holder, or applicant for the issue, of the program;\nthe activity the holder or applicant is carrying out, or proposes to carry out, under the program;\nfor an activity mentioned in paragraph (b) that is an environmentally relevant activity—the authority number for the environmental authority under which the activity is carried out;\nthe address or location of the place where the activity has been, is being, or is proposed to be, carried out;\nthe objectives of the program;\nthe matters to be addressed by the program;\nthe day the program is issued;\nany document the administering authority gives to a holder of a program, or person acting under the program, that relates to compliance or noncompliance with the program.\nAlso, if a program is subject to a condition that the person or public authority prepare a public statement about the environmental management of the activity, a copy of the statement must be included in the register.\ns 147 amd 2023 Act No. 6 s 145 sch 1\n(sec.147-ssec.1) For section 540 (1) (k) of the Act , the administering authority must keep in the register of transitional environmental programs the following documents or information for each transitional environmental program— the name of the holder, or applicant for the issue, of the program; the activity the holder or applicant is carrying out, or proposes to carry out, under the program; for an activity mentioned in paragraph (b) that is an environmentally relevant activity—the authority number for the environmental authority under which the activity is carried out; the address or location of the place where the activity has been, is being, or is proposed to be, carried out; the objectives of the program; the matters to be addressed by the program; the day the program is issued; any document the administering authority gives to a holder of a program, or person acting under the program, that relates to compliance or noncompliance with the program.\n(sec.147-ssec.2) Also, if a program is subject to a condition that the person or public authority prepare a public statement about the environmental management of the activity, a copy of the statement must be included in the register.\n- (a) the name of the holder, or applicant for the issue, of the program;\n- (b) the activity the holder or applicant is carrying out, or proposes to carry out, under the program;\n- (c) for an activity mentioned in paragraph (b) that is an environmentally relevant activity—the authority number for the environmental authority under which the activity is carried out;\n- (d) the address or location of the place where the activity has been, is being, or is proposed to be, carried out;\n- (e) the objectives of the program;\n- (f) the matters to be addressed by the program;\n- (g) the day the program is issued;\n- (h) any document the administering authority gives to a holder of a program, or person acting under the program, that relates to compliance or noncompliance with the program.","sortOrder":206},{"sectionNumber":"sec.148","sectionType":"section","heading":"Prescribed documents and information for register of environmental enforcement orders— Act , s 540","content":"### sec.148 Prescribed documents and information for register of environmental enforcement orders— Act , s 540\n\nFor section 540 (1) (k) of the Act , the administering authority must keep in the register of environmental enforcement orders the following documents or information for each environmental enforcement order it issues—\nthe name of the recipient of the order;\nif applicable, the activity to which the order relates;\nfor an activity mentioned in paragraph (b) that is an environmentally relevant activity—the authority number for the environmental authority under which the activity is carried out;\nthe address or location of the place where the activity has been, is being, or is proposed to be, carried out;\nthe relevant matter, within the meaning given by section 358 of the Act , for the order;\nthe requirements under the order;\nthe day the order is issued;\nany document the administering authority gives to the recipient of the order that relates to compliance or noncompliance with the order.\ns 148 amd 2024 Act No. 30 s 61 sch 1\n- (a) the name of the recipient of the order;\n- (b) if applicable, the activity to which the order relates;\n- (c) for an activity mentioned in paragraph (b) that is an environmentally relevant activity—the authority number for the environmental authority under which the activity is carried out;\n- (d) the address or location of the place where the activity has been, is being, or is proposed to be, carried out;\n- (e) the relevant matter, within the meaning given by section 358 of the Act , for the order;\n- (f) the requirements under the order;\n- (g) the day the order is issued;\n- (h) any document the administering authority gives to the recipient of the order that relates to compliance or noncompliance with the order.","sortOrder":207},{"sectionNumber":"sec.149","sectionType":"section","heading":"Prescribed information for register of authorised persons— Act , s 540","content":"### sec.149 Prescribed information for register of authorised persons— Act , s 540\n\nFor section 540 (1) (k) of the Act , the administering authority must keep in the register of authorised persons information about the limitations, if any, stated in the instrument of appointment for each authorised person mentioned in the register.","sortOrder":208},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":"Suitably qualified persons and auditors","content":"# Suitably qualified persons and auditors","sortOrder":209},{"sectionNumber":"sec.150","sectionType":"section","heading":"Prescribed regulatory function— Act , s 564","content":"### sec.150 Prescribed regulatory function— Act , s 564\n\nFor section 564 of the Act , definition regulatory function , paragraph (d) , completing a statutory declaration under chapter 9 , part 3 is prescribed.","sortOrder":210},{"sectionNumber":"sec.151","sectionType":"section","heading":"Prescribed organisations for suitably qualified persons and auditors— Act , ss 564 and 572","content":"### sec.151 Prescribed organisations for suitably qualified persons and auditors— Act , ss 564 and 572\n\nEach organisation listed in schedule 14 is prescribed for—\nsection 564 of the Act , definition suitably qualified person , paragraph (b) ; and\nsection 572 (b) (ii) of the Act .\n- (a) section 564 of the Act , definition suitably qualified person , paragraph (b) ; and\n- (b) section 572 (b) (ii) of the Act .","sortOrder":211},{"sectionNumber":"sec.152","sectionType":"section","heading":"Guideline for application for approval as auditor— Act , s 570","content":"### sec.152 Guideline for application for approval as auditor— Act , s 570\n\nFor section 570 (f) of the Act , the guideline called ‘Queensland auditor handbook for contaminated land, module 2: auditor application requirements’, made by the chief executive and published on the department’s website, is prescribed.","sortOrder":212},{"sectionNumber":"sec.153","sectionType":"section","heading":"Code of conduct for auditors— Act , s 574D","content":"### sec.153 Code of conduct for auditors— Act , s 574D\n\nFor section 574D (b) of the Act , the code of conduct called ‘Queensland auditor handbook for contaminated land, module 4: code of professional conduct’, made by the chief executive and published on the department’s website, is prescribed.","sortOrder":213},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Fees generally","content":"# Fees generally","sortOrder":214},{"sectionNumber":"sec.154","sectionType":"section","heading":"Fees payable under Act","content":"### sec.154 Fees payable under Act\n\nSchedule 15 and this chapter provide for fees payable under the Act .\nThis chapter provides for annual fees payable for particular environmental authorities.\n(sec.154-ssec.1) Schedule 15 and this chapter provide for fees payable under the Act .\n(sec.154-ssec.2) This chapter provides for annual fees payable for particular environmental authorities.","sortOrder":215},{"sectionNumber":"sec.155","sectionType":"section","heading":"Recovery of unpaid amounts","content":"### sec.155 Recovery of unpaid amounts\n\nFor section 580 (2) (a) of the Act , if a fee payable under the Act to an administering authority is not paid in full by the date prescribed for the relevant fee in this regulation or stated in a notice for the relevant fee, the authority may recover the unpaid amount as a debt owing to the authority.","sortOrder":216},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Fees for devolved matters","content":"# Fees for devolved matters","sortOrder":217},{"sectionNumber":"sec.156","sectionType":"section","heading":"Fees and discounts made by resolution or local law","content":"### sec.156 Fees and discounts made by resolution or local law\n\nThis section applies if the administration and enforcement of the Act for a matter (the devolved matter ) has been devolved to a local government.\nSubsection (3) applies if—\nthis chapter or schedule 15 prescribes a fee (the default fee ) payable to the administering authority for the devolved matter; and\nthe local government has made a resolution or local law prescribing a different fee (the local fee ) payable for the devolved matter, whether higher or lower than the default fee.\nThe local fee is payable for the devolved matter instead of the default fee.\nPart 3 , division 2 does not apply to a fee payable to the local government unless the local government makes a resolution or local law stating that part 3 , division 2 applies to the fee.\nThe local government can not make a resolution or local law to change the aggregate environmental score for the devolved matter.\n(sec.156-ssec.1) This section applies if the administration and enforcement of the Act for a matter (the devolved matter ) has been devolved to a local government.\n(sec.156-ssec.2) Subsection (3) applies if— this chapter or schedule 15 prescribes a fee (the default fee ) payable to the administering authority for the devolved matter; and the local government has made a resolution or local law prescribing a different fee (the local fee ) payable for the devolved matter, whether higher or lower than the default fee.\n(sec.156-ssec.3) The local fee is payable for the devolved matter instead of the default fee.\n(sec.156-ssec.4) Part 3 , division 2 does not apply to a fee payable to the local government unless the local government makes a resolution or local law stating that part 3 , division 2 applies to the fee.\n(sec.156-ssec.5) The local government can not make a resolution or local law to change the aggregate environmental score for the devolved matter.\n- (a) this chapter or schedule 15 prescribes a fee (the default fee ) payable to the administering authority for the devolved matter; and\n- (b) the local government has made a resolution or local law prescribing a different fee (the local fee ) payable for the devolved matter, whether higher or lower than the default fee.","sortOrder":218},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Annual fees","content":"# Annual fees","sortOrder":219},{"sectionNumber":"ch.9-pt.3-div.1","sectionType":"division","heading":"General matters","content":"## General matters","sortOrder":220},{"sectionNumber":"sec.157","sectionType":"section","heading":"Meaning of annual fee","content":"### sec.157 Meaning of annual fee\n\nThe annual fee for an environmental authority is—\nif, for an environmental authority, the holder of the authority is eligible to pay a reduced annual fee under division 2 —the reduced annual fee; or\nfor any other environmental authority—the fee worked out for the authority under section 159 .\n- (a) if, for an environmental authority, the holder of the authority is eligible to pay a reduced annual fee under division 2 —the reduced annual fee; or\n- (b) for any other environmental authority—the fee worked out for the authority under section 159 .","sortOrder":221},{"sectionNumber":"sec.158","sectionType":"section","heading":"Payment of annual fee for first year of environmental authority","content":"### sec.158 Payment of annual fee for first year of environmental authority\n\nThis section applies to an environmental authority for which an annual fee is prescribed.\nThe holder of the authority must, within 20 business days after the authority takes effect, pay the administering authority the annual fee prescribed for the authority.\nFor when an environmental authority takes effect, see section 200 of the Act .\n(sec.158-ssec.1) This section applies to an environmental authority for which an annual fee is prescribed.\n(sec.158-ssec.2) The holder of the authority must, within 20 business days after the authority takes effect, pay the administering authority the annual fee prescribed for the authority. For when an environmental authority takes effect, see section 200 of the Act .","sortOrder":222},{"sectionNumber":"sec.159","sectionType":"section","heading":"Annual fee for environmental authority","content":"### sec.159 Annual fee for environmental authority\n\nThe annual fee for an environmental authority is the total of the site fees for all project sites for the authority.\nThe site fee for a project site for an environmental authority is—\nif none of the environmentally relevant activities authorised to be carried out at the project site has an aggregate environmental score—\nfor an environmental authority for a mining activity relating to a mining claim—nil; or\nfor any other environmental authority—712 fee units; or\nif any of the environmentally relevant activities authorised to be carried out at the project site has an aggregate environmental score—\nfor a relevant mining authority issued before 31 March 2013, for which the relevant activity continues to comply with the eligibility criteria for the activity—712 fee units; or\nfor a relevant resource authority issued on or after 31 March 2013—712 fee units; or\nfor any other environmental authority—the highest of the ERA fees calculated for each of the environmentally relevant activities.\nThe ERA fee for an environmentally relevant activity is worked out using the following formula—\nwhere—\nS is the aggregate environmental score for the activity.\nM is—\nfor a relevant prescribed ERA—143.10 fee units; or\nfor a resource activity for which the AES stated for the activity in the section under schedule 2 or 3 applying to the activity is 120 or more—857 fee units; or\nfor any other environmentally relevant activity—286.70 fee units.\nF is the amount of the ERA fee.\nIn this section—\nineligible ERA means an environmentally relevant activity that is not an eligible ERA.\nrelevant mining authority means an environmental authority for a mining activity or resource project that at any time before 31 March 2013 was not a level 1 mining project under the Act .\nrelevant prescribed ERA means any of the following prescribed ERAs—\naquaculture;\nintensive animal feedlotting;\npig keeping;\npoultry farming;\na relevant activity mentioned in schedule 2 , section 63 (3) , table, item 1(a).\nrelevant resource authority means an environmental authority for a resource activity, but does not include an environmental authority for a resource activity that includes 1 or more ineligible ERAs.\ns 159 amd 2020 SL No. 110 s 8 ; 2021 SL No. 90 s 7 ; 2022 SL No. 17 s 8\n(sec.159-ssec.1) The annual fee for an environmental authority is the total of the site fees for all project sites for the authority.\n(sec.159-ssec.2) The site fee for a project site for an environmental authority is— if none of the environmentally relevant activities authorised to be carried out at the project site has an aggregate environmental score— for an environmental authority for a mining activity relating to a mining claim—nil; or for any other environmental authority—712 fee units; or if any of the environmentally relevant activities authorised to be carried out at the project site has an aggregate environmental score— for a relevant mining authority issued before 31 March 2013, for which the relevant activity continues to comply with the eligibility criteria for the activity—712 fee units; or for a relevant resource authority issued on or after 31 March 2013—712 fee units; or for any other environmental authority—the highest of the ERA fees calculated for each of the environmentally relevant activities.\n(sec.159-ssec.3) The ERA fee for an environmentally relevant activity is worked out using the following formula— where— S is the aggregate environmental score for the activity. M is— for a relevant prescribed ERA—143.10 fee units; or for a resource activity for which the AES stated for the activity in the section under schedule 2 or 3 applying to the activity is 120 or more—857 fee units; or for any other environmentally relevant activity—286.70 fee units. F is the amount of the ERA fee.\n(sec.159-ssec.4) In this section— ineligible ERA means an environmentally relevant activity that is not an eligible ERA. relevant mining authority means an environmental authority for a mining activity or resource project that at any time before 31 March 2013 was not a level 1 mining project under the Act . relevant prescribed ERA means any of the following prescribed ERAs— aquaculture; intensive animal feedlotting; pig keeping; poultry farming; a relevant activity mentioned in schedule 2 , section 63 (3) , table, item 1(a). relevant resource authority means an environmental authority for a resource activity, but does not include an environmental authority for a resource activity that includes 1 or more ineligible ERAs.\n- (a) if none of the environmentally relevant activities authorised to be carried out at the project site has an aggregate environmental score— (i) for an environmental authority for a mining activity relating to a mining claim—nil; or (ii) for any other environmental authority—712 fee units; or\n- (i) for an environmental authority for a mining activity relating to a mining claim—nil; or\n- (ii) for any other environmental authority—712 fee units; or\n- (b) if any of the environmentally relevant activities authorised to be carried out at the project site has an aggregate environmental score— (i) for a relevant mining authority issued before 31 March 2013, for which the relevant activity continues to comply with the eligibility criteria for the activity—712 fee units; or (ii) for a relevant resource authority issued on or after 31 March 2013—712 fee units; or (iii) for any other environmental authority—the highest of the ERA fees calculated for each of the environmentally relevant activities.\n- (i) for a relevant mining authority issued before 31 March 2013, for which the relevant activity continues to comply with the eligibility criteria for the activity—712 fee units; or\n- (ii) for a relevant resource authority issued on or after 31 March 2013—712 fee units; or\n- (iii) for any other environmental authority—the highest of the ERA fees calculated for each of the environmentally relevant activities.\n- (i) for an environmental authority for a mining activity relating to a mining claim—nil; or\n- (ii) for any other environmental authority—712 fee units; or\n- (i) for a relevant mining authority issued before 31 March 2013, for which the relevant activity continues to comply with the eligibility criteria for the activity—712 fee units; or\n- (ii) for a relevant resource authority issued on or after 31 March 2013—712 fee units; or\n- (iii) for any other environmental authority—the highest of the ERA fees calculated for each of the environmentally relevant activities.\n- (a) for a relevant prescribed ERA—143.10 fee units; or\n- (b) for a resource activity for which the AES stated for the activity in the section under schedule 2 or 3 applying to the activity is 120 or more—857 fee units; or\n- (c) for any other environmentally relevant activity—286.70 fee units.\n- (a) aquaculture;\n- (b) intensive animal feedlotting;\n- (c) pig keeping;\n- (d) poultry farming;\n- (e) a relevant activity mentioned in schedule 2 , section 63 (3) , table, item 1(a).","sortOrder":223},{"sectionNumber":"ch.9-pt.3-div.2","sectionType":"division","heading":"Reduced annual fees in particular circumstances","content":"## Reduced annual fees in particular circumstances","sortOrder":224},{"sectionNumber":"sec.160","sectionType":"section","heading":"Purpose of division","content":"### sec.160 Purpose of division\n\nThe purpose of this division is to allow the holder of an environmental authority to pay a reduced annual fee for the authority if—\nthe holder is eligible under section 165 to pay the reduced annual fee; and\nthere is an aggregate environmental score for the environmentally relevant activity authorised under the authority.\n- (a) the holder is eligible under section 165 to pay the reduced annual fee; and\n- (b) there is an aggregate environmental score for the environmentally relevant activity authorised under the authority.","sortOrder":225},{"sectionNumber":"sec.161","sectionType":"section","heading":"Definitions for division","content":"### sec.161 Definitions for division\n\nIn this division—\nannual fee , for an environmental authority, means the annual fee worked out under section 159 for the authority.\napproved EMS see section 162 .\napproved partner see section 163 .\nconformity assessment body means a body accredited under JAS-ANZ for certifying environmental management systems.\necoBiz program means the program of that name established by the department.\nJAS-ANZ means the Joint Accreditation System of Australia and New Zealand that was declared under the Joint Accreditation System of Australia and New Zealand (Privileges and Immunities) Regulations 1998 (Cwlth) to be an international organisation to which the International Organisations (Privileges and Immunities) Act 1963 (Cwlth) applies.\nlower emissions score see section 164 .\nprescribed environmental management system means—\nan environmental management system that a conformity assessment body has certified as conforming to AS/NZS ISO 14001:2016 ‘Environmental management systems–Requirements with guidance for use’; or\nthe National Feedlot Accreditation Scheme Rules published in September 2018 by AUS-MEAT Limited ABN 44 082 528 881.\nreduced annual fee , for an environmental authority, means the reduced annual fee worked out under section 167 for the authority.\nrelevant resource environmental authority means an environmental authority for a resource activity relating to a mining lease or a petroleum lease for which the AES stated for the activity in the section under schedule 2 or 3 applying to the activity is 120 or more.\n- (a) an environmental management system that a conformity assessment body has certified as conforming to AS/NZS ISO 14001:2016 ‘Environmental management systems–Requirements with guidance for use’; or\n- (b) the National Feedlot Accreditation Scheme Rules published in September 2018 by AUS-MEAT Limited ABN 44 082 528 881.","sortOrder":226},{"sectionNumber":"sec.162","sectionType":"section","heading":"What is an approved EMS","content":"### sec.162 What is an approved EMS\n\nThe holder of an environmental authority has an approved EMS if each relevant activity carried out under the authority is carried out in accordance with a prescribed environmental management system.","sortOrder":227},{"sectionNumber":"sec.163","sectionType":"section","heading":"Who is an approved partner","content":"### sec.163 Who is an approved partner\n\nAn approved partner is the holder of an environmental authority who is registered as a partner under the ecoBiz program.","sortOrder":228},{"sectionNumber":"sec.164","sectionType":"section","heading":"What is a lower emissions score","content":"### sec.164 What is a lower emissions score\n\nSubsection (2) applies to the holder of an environmental authority carrying out only 1 relevant activity under the authority.\nThe holder has a lower emissions score if the relevant activity has an emission score that is at least 25% less than the emission score stated to apply for the activity under the emission scores profile.\nSubsection (4) applies to the holder of an environmental authority carrying out 2 or more relevant activities under the authority.\nThe holder has a lower emissions score if the relevant activity that has the highest aggregate environmental score has an emission score that is at least 25% less than the emission score stated to apply for the activity under the emission scores profile.\nIn this section—\nemission score , for a relevant activity, means the emission score component of the aggregate environmental score for the activity under the emission scores profile.\nemission scores profile means the document called ‘Emission scores profile of environmentally relevant activities’, published on the department’s website.\nA copy of the emission scores profile is available, free of charge, during business hours from the department’s head office.\n(sec.164-ssec.1) Subsection (2) applies to the holder of an environmental authority carrying out only 1 relevant activity under the authority.\n(sec.164-ssec.2) The holder has a lower emissions score if the relevant activity has an emission score that is at least 25% less than the emission score stated to apply for the activity under the emission scores profile.\n(sec.164-ssec.3) Subsection (4) applies to the holder of an environmental authority carrying out 2 or more relevant activities under the authority.\n(sec.164-ssec.4) The holder has a lower emissions score if the relevant activity that has the highest aggregate environmental score has an emission score that is at least 25% less than the emission score stated to apply for the activity under the emission scores profile.\n(sec.164-ssec.5) In this section— emission score , for a relevant activity, means the emission score component of the aggregate environmental score for the activity under the emission scores profile. emission scores profile means the document called ‘Emission scores profile of environmentally relevant activities’, published on the department’s website. A copy of the emission scores profile is available, free of charge, during business hours from the department’s head office.","sortOrder":229},{"sectionNumber":"sec.165","sectionType":"section","heading":"Eligibility for payment of a reduced annual fee","content":"### sec.165 Eligibility for payment of a reduced annual fee\n\nThe holder of an environmental authority is eligible to pay a reduced annual fee for the authority if—\nthe holder has carried out a relevant activity under the authority for at least 1 year; and\nin the 3 years immediately before the annual fee for the authority is due, no compliance action event has happened for the holder; and\nthe holder—\nhas an approved EMS; or\nis an approved partner; or\nhas a lower emissions score; or\nfor a relevant resource environmental authority—is currently carrying out rehabilitation of the land that is the subject of the environmental authority; and\nthe holder gives the chief executive the documents under section 166 (1) within the period stated in the annual notice; and\nthe holder pays the reduced annual fee within the period stated in the annual notice.\nThe holder stops being eligible to pay a reduced annual fee if the holder knows, or ought reasonably to know, that a disqualifying event has happened for the holder.\nAlso, the holder stops being eligible if—\nthere is more than 1 project site for the authority; and\nsubsection (1) does not apply to 1 or more of the project sites for the authority.\nIn this section—\ncompliance action event , for the holder of an environmental authority, means any of the following directly relating to an activity carried out or a thing omitted to be done under the authority—\nthe serving of an infringement notice under the State Penalties Enforcement Act 1999 on the holder for an offence;\nthe issuing of an environmental enforcement order to the holder;\nthe holder—\nhas voluntarily applied for the issue of a transitional environmental program; or\nis acting under a transitional environmental program; or\nis required to apply for the issue of a transitional environmental program; or\nhas, under section 350 of the Act , given the administering authority a program notice;\nthe issue of a cost recovery notice to the holder unless—\nthe amount claimed under the notice has been fully paid; or\nthe notice has been withdrawn or has otherwise stopped having effect;\na proceeding for an environmental offence or an offence under section 369I of the Act is started or continued against the holder and has not finished;\nthe holder is convicted of an environmental offence or another offence mentioned in paragraph (e) .\ndisqualifying event , for the holder of an environmental authority, means any of the following that happens during the year to which the reduced annual fee applies—\nthe holder stops being an approved partner;\nthe holder no longer has an approved EMS;\nthe holder no longer has a lower emissions score;\nthe holder has stopped carrying out rehabilitation of the land that is the subject of the environmental authority;\nthe holder recommences extracting the resource that is the subject of the environmental authority;\nthere is a compliance action event for the holder.\ns 165 amd 2023 Act No. 6 s 145 sch 1 ; 2024 Act No. 30 s 61 sch 1\n(sec.165-ssec.1) The holder of an environmental authority is eligible to pay a reduced annual fee for the authority if— the holder has carried out a relevant activity under the authority for at least 1 year; and in the 3 years immediately before the annual fee for the authority is due, no compliance action event has happened for the holder; and the holder— has an approved EMS; or is an approved partner; or has a lower emissions score; or for a relevant resource environmental authority—is currently carrying out rehabilitation of the land that is the subject of the environmental authority; and the holder gives the chief executive the documents under section 166 (1) within the period stated in the annual notice; and the holder pays the reduced annual fee within the period stated in the annual notice.\n(sec.165-ssec.2) The holder stops being eligible to pay a reduced annual fee if the holder knows, or ought reasonably to know, that a disqualifying event has happened for the holder.\n(sec.165-ssec.3) Also, the holder stops being eligible if— there is more than 1 project site for the authority; and subsection (1) does not apply to 1 or more of the project sites for the authority.\n(sec.165-ssec.4) In this section— compliance action event , for the holder of an environmental authority, means any of the following directly relating to an activity carried out or a thing omitted to be done under the authority— the serving of an infringement notice under the State Penalties Enforcement Act 1999 on the holder for an offence; the issuing of an environmental enforcement order to the holder; the holder— has voluntarily applied for the issue of a transitional environmental program; or is acting under a transitional environmental program; or is required to apply for the issue of a transitional environmental program; or has, under section 350 of the Act , given the administering authority a program notice; the issue of a cost recovery notice to the holder unless— the amount claimed under the notice has been fully paid; or the notice has been withdrawn or has otherwise stopped having effect; a proceeding for an environmental offence or an offence under section 369I of the Act is started or continued against the holder and has not finished; the holder is convicted of an environmental offence or another offence mentioned in paragraph (e) . disqualifying event , for the holder of an environmental authority, means any of the following that happens during the year to which the reduced annual fee applies— the holder stops being an approved partner; the holder no longer has an approved EMS; the holder no longer has a lower emissions score; the holder has stopped carrying out rehabilitation of the land that is the subject of the environmental authority; the holder recommences extracting the resource that is the subject of the environmental authority; there is a compliance action event for the holder.\n- (a) the holder has carried out a relevant activity under the authority for at least 1 year; and\n- (b) in the 3 years immediately before the annual fee for the authority is due, no compliance action event has happened for the holder; and\n- (c) the holder— (i) has an approved EMS; or (ii) is an approved partner; or (iii) has a lower emissions score; or (iv) for a relevant resource environmental authority—is currently carrying out rehabilitation of the land that is the subject of the environmental authority; and\n- (i) has an approved EMS; or\n- (ii) is an approved partner; or\n- (iii) has a lower emissions score; or\n- (iv) for a relevant resource environmental authority—is currently carrying out rehabilitation of the land that is the subject of the environmental authority; and\n- (d) the holder gives the chief executive the documents under section 166 (1) within the period stated in the annual notice; and\n- (e) the holder pays the reduced annual fee within the period stated in the annual notice.\n- (i) has an approved EMS; or\n- (ii) is an approved partner; or\n- (iii) has a lower emissions score; or\n- (iv) for a relevant resource environmental authority—is currently carrying out rehabilitation of the land that is the subject of the environmental authority; and\n- (a) there is more than 1 project site for the authority; and\n- (b) subsection (1) does not apply to 1 or more of the project sites for the authority.\n- (a) the serving of an infringement notice under the State Penalties Enforcement Act 1999 on the holder for an offence;\n- (b) the issuing of an environmental enforcement order to the holder;\n- (c) the holder— (i) has voluntarily applied for the issue of a transitional environmental program; or (ii) is acting under a transitional environmental program; or (iii) is required to apply for the issue of a transitional environmental program; or (iv) has, under section 350 of the Act , given the administering authority a program notice;\n- (i) has voluntarily applied for the issue of a transitional environmental program; or\n- (ii) is acting under a transitional environmental program; or\n- (iii) is required to apply for the issue of a transitional environmental program; or\n- (iv) has, under section 350 of the Act , given the administering authority a program notice;\n- (d) the issue of a cost recovery notice to the holder unless— (i) the amount claimed under the notice has been fully paid; or (ii) the notice has been withdrawn or has otherwise stopped having effect;\n- (i) the amount claimed under the notice has been fully paid; or\n- (ii) the notice has been withdrawn or has otherwise stopped having effect;\n- (e) a proceeding for an environmental offence or an offence under section 369I of the Act is started or continued against the holder and has not finished;\n- (f) the holder is convicted of an environmental offence or another offence mentioned in paragraph (e) .\n- (i) has voluntarily applied for the issue of a transitional environmental program; or\n- (ii) is acting under a transitional environmental program; or\n- (iii) is required to apply for the issue of a transitional environmental program; or\n- (iv) has, under section 350 of the Act , given the administering authority a program notice;\n- (i) the amount claimed under the notice has been fully paid; or\n- (ii) the notice has been withdrawn or has otherwise stopped having effect;\n- (a) the holder stops being an approved partner;\n- (b) the holder no longer has an approved EMS;\n- (c) the holder no longer has a lower emissions score;\n- (d) the holder has stopped carrying out rehabilitation of the land that is the subject of the environmental authority;\n- (e) the holder recommences extracting the resource that is the subject of the environmental authority;\n- (f) there is a compliance action event for the holder.","sortOrder":230},{"sectionNumber":"sec.166","sectionType":"section","heading":"Documents for eligibility for payment of a reduced annual fee","content":"### sec.166 Documents for eligibility for payment of a reduced annual fee\n\nFor section 165 (1) (d) , the holder of an environmental authority must give the chief executive each of the following documents—\nif the holder has an approved EMS, other than a prescribed approved EMS—a statutory declaration, completed by a suitably qualified person, verifying that—\neach relevant activity carried out under the authority in the previous year has been carried out in accordance with an environmental management system that a conformity assessment body has certified as conforming to AS/NZS ISO 14001:2016 ‘Environmental management systems–Requirements with guidance for use’; and\nthe holder is complying with the conditions of the authority;\nif the holder has a prescribed approved EMS—a statutory declaration, completed by the holder, verifying that—\neach relevant activity carried out under the authority in the previous year has been carried out in accordance with the National Feedlot Accreditation Scheme Rules published in September 2018 by AUS-MEAT Limited ABN 44 082 528 881; and\nthe holder is complying with the conditions of the authority;\nif the holder is the holder of a relevant resource environmental authority and the holder is currently carrying out rehabilitation of the land that is the subject of the environmental authority—a statutory declaration, completed by the holder, verifying that—\nthe holder has stopped extracting the resource that is the subject of the environmental authority and does not intend to recommence extracting the resource; and\nthe holder is currently carrying out rehabilitation of the land that is the subject of the environmental authority;\nthe other documents and information stated in the annual notice.\nIn this section—\nprescribed approved EMS means the National Feedlot Accreditation Scheme Rules published in September 2018 by AUS-MEAT Limited ABN 44 082 528 881.\n(sec.166-ssec.1) For section 165 (1) (d) , the holder of an environmental authority must give the chief executive each of the following documents— if the holder has an approved EMS, other than a prescribed approved EMS—a statutory declaration, completed by a suitably qualified person, verifying that— each relevant activity carried out under the authority in the previous year has been carried out in accordance with an environmental management system that a conformity assessment body has certified as conforming to AS/NZS ISO 14001:2016 ‘Environmental management systems–Requirements with guidance for use’; and the holder is complying with the conditions of the authority; if the holder has a prescribed approved EMS—a statutory declaration, completed by the holder, verifying that— each relevant activity carried out under the authority in the previous year has been carried out in accordance with the National Feedlot Accreditation Scheme Rules published in September 2018 by AUS-MEAT Limited ABN 44 082 528 881; and the holder is complying with the conditions of the authority; if the holder is the holder of a relevant resource environmental authority and the holder is currently carrying out rehabilitation of the land that is the subject of the environmental authority—a statutory declaration, completed by the holder, verifying that— the holder has stopped extracting the resource that is the subject of the environmental authority and does not intend to recommence extracting the resource; and the holder is currently carrying out rehabilitation of the land that is the subject of the environmental authority; the other documents and information stated in the annual notice.\n(sec.166-ssec.2) In this section— prescribed approved EMS means the National Feedlot Accreditation Scheme Rules published in September 2018 by AUS-MEAT Limited ABN 44 082 528 881.\n- (a) if the holder has an approved EMS, other than a prescribed approved EMS—a statutory declaration, completed by a suitably qualified person, verifying that— (i) each relevant activity carried out under the authority in the previous year has been carried out in accordance with an environmental management system that a conformity assessment body has certified as conforming to AS/NZS ISO 14001:2016 ‘Environmental management systems–Requirements with guidance for use’; and (ii) the holder is complying with the conditions of the authority;\n- (i) each relevant activity carried out under the authority in the previous year has been carried out in accordance with an environmental management system that a conformity assessment body has certified as conforming to AS/NZS ISO 14001:2016 ‘Environmental management systems–Requirements with guidance for use’; and\n- (ii) the holder is complying with the conditions of the authority;\n- (b) if the holder has a prescribed approved EMS—a statutory declaration, completed by the holder, verifying that— (i) each relevant activity carried out under the authority in the previous year has been carried out in accordance with the National Feedlot Accreditation Scheme Rules published in September 2018 by AUS-MEAT Limited ABN 44 082 528 881; and (ii) the holder is complying with the conditions of the authority;\n- (i) each relevant activity carried out under the authority in the previous year has been carried out in accordance with the National Feedlot Accreditation Scheme Rules published in September 2018 by AUS-MEAT Limited ABN 44 082 528 881; and\n- (ii) the holder is complying with the conditions of the authority;\n- (c) if the holder is the holder of a relevant resource environmental authority and the holder is currently carrying out rehabilitation of the land that is the subject of the environmental authority—a statutory declaration, completed by the holder, verifying that— (i) the holder has stopped extracting the resource that is the subject of the environmental authority and does not intend to recommence extracting the resource; and (ii) the holder is currently carrying out rehabilitation of the land that is the subject of the environmental authority;\n- (i) the holder has stopped extracting the resource that is the subject of the environmental authority and does not intend to recommence extracting the resource; and\n- (ii) the holder is currently carrying out rehabilitation of the land that is the subject of the environmental authority;\n- (d) the other documents and information stated in the annual notice.\n- (i) each relevant activity carried out under the authority in the previous year has been carried out in accordance with an environmental management system that a conformity assessment body has certified as conforming to AS/NZS ISO 14001:2016 ‘Environmental management systems–Requirements with guidance for use’; and\n- (ii) the holder is complying with the conditions of the authority;\n- (i) each relevant activity carried out under the authority in the previous year has been carried out in accordance with the National Feedlot Accreditation Scheme Rules published in September 2018 by AUS-MEAT Limited ABN 44 082 528 881; and\n- (ii) the holder is complying with the conditions of the authority;\n- (i) the holder has stopped extracting the resource that is the subject of the environmental authority and does not intend to recommence extracting the resource; and\n- (ii) the holder is currently carrying out rehabilitation of the land that is the subject of the environmental authority;","sortOrder":231},{"sectionNumber":"sec.167","sectionType":"section","heading":"What is the reduced annual fee","content":"### sec.167 What is the reduced annual fee\n\nThe reduced annual fee for an environmental authority is—\n90% of the annual fee if the holder is an approved partner; or\n80% of the annual fee if—\nthe holder has an approved EMS; or\nthe holder has a lower emissions score; or\n70% of the annual fee if the holder is an approved partner and—\nthe holder has an approved EMS; or\nthe holder has a lower emissions score; or\n60% of the annual fee if—\nthe holder has an approved EMS; and\nthe holder has a lower emissions score; or\n50% of the annual fee if—\nfor a relevant resource environmental authority—the holder is currently carrying out rehabilitation of the land that is the subject of the environmental authority; or\notherwise—\nthe holder is an approved partner; and\nthe holder has an approved EMS; and\nthe holder has a lower emissions score.\n- (a) 90% of the annual fee if the holder is an approved partner; or\n- (b) 80% of the annual fee if— (i) the holder has an approved EMS; or (ii) the holder has a lower emissions score; or\n- (i) the holder has an approved EMS; or\n- (ii) the holder has a lower emissions score; or\n- (c) 70% of the annual fee if the holder is an approved partner and— (i) the holder has an approved EMS; or (ii) the holder has a lower emissions score; or\n- (i) the holder has an approved EMS; or\n- (ii) the holder has a lower emissions score; or\n- (d) 60% of the annual fee if— (i) the holder has an approved EMS; and (ii) the holder has a lower emissions score; or\n- (i) the holder has an approved EMS; and\n- (ii) the holder has a lower emissions score; or\n- (e) 50% of the annual fee if— (i) for a relevant resource environmental authority—the holder is currently carrying out rehabilitation of the land that is the subject of the environmental authority; or (ii) otherwise— (A) the holder is an approved partner; and (B) the holder has an approved EMS; and (C) the holder has a lower emissions score.\n- (i) for a relevant resource environmental authority—the holder is currently carrying out rehabilitation of the land that is the subject of the environmental authority; or\n- (ii) otherwise— (A) the holder is an approved partner; and (B) the holder has an approved EMS; and (C) the holder has a lower emissions score.\n- (A) the holder is an approved partner; and\n- (B) the holder has an approved EMS; and\n- (C) the holder has a lower emissions score.\n- (i) the holder has an approved EMS; or\n- (ii) the holder has a lower emissions score; or\n- (i) the holder has an approved EMS; or\n- (ii) the holder has a lower emissions score; or\n- (i) the holder has an approved EMS; and\n- (ii) the holder has a lower emissions score; or\n- (i) for a relevant resource environmental authority—the holder is currently carrying out rehabilitation of the land that is the subject of the environmental authority; or\n- (ii) otherwise— (A) the holder is an approved partner; and (B) the holder has an approved EMS; and (C) the holder has a lower emissions score.\n- (A) the holder is an approved partner; and\n- (B) the holder has an approved EMS; and\n- (C) the holder has a lower emissions score.\n- (A) the holder is an approved partner; and\n- (B) the holder has an approved EMS; and\n- (C) the holder has a lower emissions score.","sortOrder":232},{"sectionNumber":"sec.168","sectionType":"section","heading":"Application of subdivision","content":"### sec.168 Application of subdivision\n\nThis subdivision applies to the holder of an environmental authority who has, under this division, paid a reduced annual fee for the authority.","sortOrder":233},{"sectionNumber":"sec.169","sectionType":"section","heading":"Offence to pay reduced annual fee if not eligible","content":"### sec.169 Offence to pay reduced annual fee if not eligible\n\nThe holder must not pay the reduced annual fee instead of the annual fee for the authority unless the holder is eligible under section 165 to pay the reduced annual fee.\nMaximum penalty—20 penalty units.","sortOrder":234},{"sectionNumber":"sec.170","sectionType":"section","heading":"Requirement to keep records for reduced annual fee","content":"### sec.170 Requirement to keep records for reduced annual fee\n\nThe holder must, unless the holder has a reasonable excuse, keep each of the following records relating to the payment of the reduced annual fee for at least 5 years after the reduced annual fee is paid—\nif the holder was eligible for the reduction under section 165 (1) (c) (i) —a copy of an accreditation certificate prepared under the prescribed environmental management system for the approved EMS;\nif the holder was eligible for the reduction under section 165 (1) (c) (ii) —\nthe holder’s certificate of registration under the ecoBiz program; and\na copy of the action plan the holder was required to develop for the holder’s registration under the ecoBiz program;\nif the holder was eligible for the reduction under section 165 (1) (c) (iii) —a copy of the data and methodology used to calculate the holder’s emission score for the relevant activity under the authority;\nif the holder was, under sections 165 (1) (d) and 166 , required to give the chief executive a statutory declaration about the relevant activities carried out under an environmental authority—\na copy of the statutory declaration; and\nfor the suitably qualified person who completed the statutory declaration—the person’s contact details and evidence of the person’s membership of a prescribed organisation.\nMaximum penalty—20 penalty units.\n- (a) if the holder was eligible for the reduction under section 165 (1) (c) (i) —a copy of an accreditation certificate prepared under the prescribed environmental management system for the approved EMS;\n- (b) if the holder was eligible for the reduction under section 165 (1) (c) (ii) — (i) the holder’s certificate of registration under the ecoBiz program; and (ii) a copy of the action plan the holder was required to develop for the holder’s registration under the ecoBiz program;\n- (i) the holder’s certificate of registration under the ecoBiz program; and\n- (ii) a copy of the action plan the holder was required to develop for the holder’s registration under the ecoBiz program;\n- (c) if the holder was eligible for the reduction under section 165 (1) (c) (iii) —a copy of the data and methodology used to calculate the holder’s emission score for the relevant activity under the authority;\n- (d) if the holder was, under sections 165 (1) (d) and 166 , required to give the chief executive a statutory declaration about the relevant activities carried out under an environmental authority— (i) a copy of the statutory declaration; and (ii) for the suitably qualified person who completed the statutory declaration—the person’s contact details and evidence of the person’s membership of a prescribed organisation.\n- (i) a copy of the statutory declaration; and\n- (ii) for the suitably qualified person who completed the statutory declaration—the person’s contact details and evidence of the person’s membership of a prescribed organisation.\n- (i) the holder’s certificate of registration under the ecoBiz program; and\n- (ii) a copy of the action plan the holder was required to develop for the holder’s registration under the ecoBiz program;\n- (i) a copy of the statutory declaration; and\n- (ii) for the suitably qualified person who completed the statutory declaration—the person’s contact details and evidence of the person’s membership of a prescribed organisation.","sortOrder":235},{"sectionNumber":"sec.171","sectionType":"section","heading":"Authorised person may require holder to give information or documents","content":"### sec.171 Authorised person may require holder to give information or documents\n\nAn authorised person may, by written notice to the holder, require the holder to give the authorised person the information or documents about the payment of the reduced annual fee that the authorised person requires.\nThe notice may state a reasonable period within which the information or documents must be given.\nThe holder must comply with the notice unless the holder has a reasonable excuse.\nMaximum penalty for subsection (3) —20 penalty units.\n(sec.171-ssec.1) An authorised person may, by written notice to the holder, require the holder to give the authorised person the information or documents about the payment of the reduced annual fee that the authorised person requires.\n(sec.171-ssec.2) The notice may state a reasonable period within which the information or documents must be given.\n(sec.171-ssec.3) The holder must comply with the notice unless the holder has a reasonable excuse. Maximum penalty for subsection (3) —20 penalty units.","sortOrder":236},{"sectionNumber":"sec.172","sectionType":"section","heading":"Requirement to notify change of eligibility","content":"### sec.172 Requirement to notify change of eligibility\n\nIf the holder’s eligibility for the reduced annual fee under section 165 (1) (c) (i) or (ii) stops during the year to which the fee applies, the holder must give the administering authority written notice of the fact within 10 business days after the eligibility stops.\nMaximum penalty—20 penalty units.","sortOrder":237},{"sectionNumber":"sec.173","sectionType":"section","heading":"Refunding difference between annual fee and reduced fee","content":"### sec.173 Refunding difference between annual fee and reduced fee\n\nThis section applies if the holder—\nis not eligible under section 165 to pay the reduced annual fee; or\nstops being eligible under that section to pay the reduced annual fee during the year to which the fee applies.\nThe administering authority may by written notice require the holder to pay the authority, within 20 business days, the difference between the annual fee and the reduced annual fee.\n(sec.173-ssec.1) This section applies if the holder— is not eligible under section 165 to pay the reduced annual fee; or stops being eligible under that section to pay the reduced annual fee during the year to which the fee applies.\n(sec.173-ssec.2) The administering authority may by written notice require the holder to pay the authority, within 20 business days, the difference between the annual fee and the reduced annual fee.\n- (a) is not eligible under section 165 to pay the reduced annual fee; or\n- (b) stops being eligible under that section to pay the reduced annual fee during the year to which the fee applies.","sortOrder":238},{"sectionNumber":"ch.9-pt.3-div.3","sectionType":"division","heading":"Amendment applications for environmental authorities","content":"## Amendment applications for environmental authorities","sortOrder":239},{"sectionNumber":"sec.174","sectionType":"section","heading":"When supplementary annual fee payable","content":"### sec.174 When supplementary annual fee payable\n\nThis section applies if—\na person makes an amendment application for an environmental authority; and\nthe administering authority decides to approve the application; and\nthe annual fee payable for the amended environmental authority is higher than the annual fee paid for the environmental authority before the decision.\nThe holder of the environmental authority must, within 20 business days after the amendment application is approved, pay the administering authority a supplementary annual fee worked out using the following formula—\nwhere—\nS is the amount of the supplementary annual fee.\nA is the amount of the annual fee payable for the amended environmental authority.\nP is the amount of the annual fee paid for the environmental authority before the decision.\nN is the number of days from the day the authority was amended in accordance with the amendment application until the next anniversary day for the authority.\nIf the holder does not pay the supplementary annual fee in full within the 20 business days, the administering authority may recover any unpaid amount of the supplementary annual fee as a debt owed to the authority.\n(sec.174-ssec.1) This section applies if— a person makes an amendment application for an environmental authority; and the administering authority decides to approve the application; and the annual fee payable for the amended environmental authority is higher than the annual fee paid for the environmental authority before the decision.\n(sec.174-ssec.2) The holder of the environmental authority must, within 20 business days after the amendment application is approved, pay the administering authority a supplementary annual fee worked out using the following formula— where— S is the amount of the supplementary annual fee. A is the amount of the annual fee payable for the amended environmental authority. P is the amount of the annual fee paid for the environmental authority before the decision. N is the number of days from the day the authority was amended in accordance with the amendment application until the next anniversary day for the authority.\n(sec.174-ssec.3) If the holder does not pay the supplementary annual fee in full within the 20 business days, the administering authority may recover any unpaid amount of the supplementary annual fee as a debt owed to the authority.\n- (a) a person makes an amendment application for an environmental authority; and\n- (b) the administering authority decides to approve the application; and\n- (c) the annual fee payable for the amended environmental authority is higher than the annual fee paid for the environmental authority before the decision.","sortOrder":240},{"sectionNumber":"ch.9-pt.3-div.4","sectionType":"division","heading":"Supplementary annual fee for regulated waste transport","content":"## Supplementary annual fee for regulated waste transport","sortOrder":241},{"sectionNumber":"sec.175","sectionType":"section","heading":"Supplementary annual fee for regulated waste transport","content":"### sec.175 Supplementary annual fee for regulated waste transport\n\nThis section applies if—\na person holds an environmental authority for regulated waste transport; and\nthe activity (the relevant activity ) carried out under the authority is the transporting of regulated waste, other than end-of-life tyres; and\nthe AES for the relevant activity increases (the AES increase ) because the number of registered vehicles for the relevant activity increases; and\nthe annual fee for the authority, worked out immediately after the AES increase, is higher than the annual fee for the authority worked out on the relevant day for the authority.\nSee schedule 2 , section 57 .\nThe administering authority may, by written notice, require the person to pay a supplementary annual fee worked out using the following formula—\nwhere—\nS is the amount of the supplementary annual fee.\nA is the annual fee for the authority worked out immediately after the AES increase.\nP is the annual fee for the authority worked out on the relevant day for the authority.\nN is the number of days from the day the AES increase happens until the next anniversary day for the authority.\nThe person must pay the supplementary annual fee within 20 business days after the date of the notice.\nIf the person does not pay the supplementary annual fee in full within the 20 business days, the administering authority may recover any unpaid amount of the supplementary annual fee as a debt owing to the authority.\nIn this section—\nregistered vehicle , for the relevant activity, means a vehicle that is registered with the department as a vehicle used to carry out the activity.\nrelevant day , for an environmental authority, means the latest of the following—\nthe day the authority takes effect;\nthe most recent anniversary day for the authority;\nif a supplementary annual fee is payable under section 174 in relation to an amendment application for the authority— the day the amendment application was approved;\nif, as the result of a previous AES increase, the holder of the authority was required to pay a supplementary annual fee under this section—the day the previous AES increase happened.\n(sec.175-ssec.1) This section applies if— a person holds an environmental authority for regulated waste transport; and the activity (the relevant activity ) carried out under the authority is the transporting of regulated waste, other than end-of-life tyres; and the AES for the relevant activity increases (the AES increase ) because the number of registered vehicles for the relevant activity increases; and the annual fee for the authority, worked out immediately after the AES increase, is higher than the annual fee for the authority worked out on the relevant day for the authority. See schedule 2 , section 57 .\n(sec.175-ssec.2) The administering authority may, by written notice, require the person to pay a supplementary annual fee worked out using the following formula— where— S is the amount of the supplementary annual fee. A is the annual fee for the authority worked out immediately after the AES increase. P is the annual fee for the authority worked out on the relevant day for the authority. N is the number of days from the day the AES increase happens until the next anniversary day for the authority.\n(sec.175-ssec.3) The person must pay the supplementary annual fee within 20 business days after the date of the notice.\n(sec.175-ssec.4) If the person does not pay the supplementary annual fee in full within the 20 business days, the administering authority may recover any unpaid amount of the supplementary annual fee as a debt owing to the authority.\n(sec.175-ssec.5) In this section— registered vehicle , for the relevant activity, means a vehicle that is registered with the department as a vehicle used to carry out the activity. relevant day , for an environmental authority, means the latest of the following— the day the authority takes effect; the most recent anniversary day for the authority; if a supplementary annual fee is payable under section 174 in relation to an amendment application for the authority— the day the amendment application was approved; if, as the result of a previous AES increase, the holder of the authority was required to pay a supplementary annual fee under this section—the day the previous AES increase happened.\n- (a) a person holds an environmental authority for regulated waste transport; and\n- (b) the activity (the relevant activity ) carried out under the authority is the transporting of regulated waste, other than end-of-life tyres; and\n- (c) the AES for the relevant activity increases (the AES increase ) because the number of registered vehicles for the relevant activity increases; and\n- (d) the annual fee for the authority, worked out immediately after the AES increase, is higher than the annual fee for the authority worked out on the relevant day for the authority.\n- (a) the day the authority takes effect;\n- (b) the most recent anniversary day for the authority;\n- (c) if a supplementary annual fee is payable under section 174 in relation to an amendment application for the authority— the day the amendment application was approved;\n- (d) if, as the result of a previous AES increase, the holder of the authority was required to pay a supplementary annual fee under this section—the day the previous AES increase happened.","sortOrder":242},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Other particular fees","content":"# Other particular fees","sortOrder":243},{"sectionNumber":"sec.176","sectionType":"section","heading":"Fee for changing anniversary day applications","content":"### sec.176 Fee for changing anniversary day applications\n\nFor section 316L (2) of the Act , the fee payable for an anniversary changeover application for an environmental authority is worked out using the following formula—\nwhere—\nF is the amount of the fee.\nU is 358.70 fee units.\nA is the amount of the annual fee for the environmental authority.\nN is the number of days in the interim year.\nIn this section—\nanniversary changeover application , for an environmental authority, means an application under section 316L of the Act to change the anniversary day for the authority to a new day.\ninterim year , for a proposed change of anniversary day, means the period—\nstarting on the old anniversary day for the environmental authority; and\nending on the new anniversary day in the following year after the proposed change.\nIf the old anniversary day was 1 June and the new anniversary day is 1 July, the period will be 31 days.\ns 176 amd 2020 SL No. 110 s 9 ; 2021 SL No. 90 s 8 ; 2022 SL No. 17 s 9\n(sec.176-ssec.1) For section 316L (2) of the Act , the fee payable for an anniversary changeover application for an environmental authority is worked out using the following formula— where— F is the amount of the fee. U is 358.70 fee units. A is the amount of the annual fee for the environmental authority. N is the number of days in the interim year.\n(sec.176-ssec.2) In this section— anniversary changeover application , for an environmental authority, means an application under section 316L of the Act to change the anniversary day for the authority to a new day. interim year , for a proposed change of anniversary day, means the period— starting on the old anniversary day for the environmental authority; and ending on the new anniversary day in the following year after the proposed change. If the old anniversary day was 1 June and the new anniversary day is 1 July, the period will be 31 days.\n- (a) starting on the old anniversary day for the environmental authority; and\n- (b) ending on the new anniversary day in the following year after the proposed change.","sortOrder":244},{"sectionNumber":"sec.177","sectionType":"section","heading":"Fee for late payment of annual fee","content":"### sec.177 Fee for late payment of annual fee\n\nThis section applies if the holder of an environmental authority has not paid the annual fee for the authority on or before the anniversary day for the authority.\nThe administering authority must give the holder a written notice stating that the holder must, within a stated period of at least 10 business days after the notice is given, pay—\nthe annual fee or the outstanding amount of the fee; and\nthe late payment fee stated in schedule 15 .\nThe holder must comply with the notice.\n(sec.177-ssec.1) This section applies if the holder of an environmental authority has not paid the annual fee for the authority on or before the anniversary day for the authority.\n(sec.177-ssec.2) The administering authority must give the holder a written notice stating that the holder must, within a stated period of at least 10 business days after the notice is given, pay— the annual fee or the outstanding amount of the fee; and the late payment fee stated in schedule 15 .\n(sec.177-ssec.3) The holder must comply with the notice.\n- (a) the annual fee or the outstanding amount of the fee; and\n- (b) the late payment fee stated in schedule 15 .","sortOrder":245},{"sectionNumber":"sec.178","sectionType":"section","heading":"Fees for transitional environmental programs","content":"### sec.178 Fees for transitional environmental programs\n\nThe fee for an administering authority’s consideration of an application for the issue of a transitional environmental program, or an amendment of a transitional environmental program, is the amount that—\nthe authority considers to be reasonable; and\nis not more than the reasonable cost of deciding the application for the issue of the program or amendment of the program.\nThe holder of a transitional environmental program must pay the administering authority a fee for its assessment of the holder’s annual returns and monitoring compliance with the program.\nThe fee is the amount that—\nthe authority considers to be reasonable; and\nis not more than the reasonable cost of the assessment and monitoring.\ns 178 amd 2023 Act No. 6 s 145 sch 1\n(sec.178-ssec.1) The fee for an administering authority’s consideration of an application for the issue of a transitional environmental program, or an amendment of a transitional environmental program, is the amount that— the authority considers to be reasonable; and is not more than the reasonable cost of deciding the application for the issue of the program or amendment of the program.\n(sec.178-ssec.2) The holder of a transitional environmental program must pay the administering authority a fee for its assessment of the holder’s annual returns and monitoring compliance with the program.\n(sec.178-ssec.3) The fee is the amount that— the authority considers to be reasonable; and is not more than the reasonable cost of the assessment and monitoring.\n- (a) the authority considers to be reasonable; and\n- (b) is not more than the reasonable cost of deciding the application for the issue of the program or amendment of the program.\n- (a) the authority considers to be reasonable; and\n- (b) is not more than the reasonable cost of the assessment and monitoring.","sortOrder":246},{"sectionNumber":"sec.179","sectionType":"section","heading":"Fee for termination of suspension of environmental authority","content":"### sec.179 Fee for termination of suspension of environmental authority\n\nFor section 284G (2) (b) of the Act , the fee payable to terminate a suspension of an environmental authority is worked out using the following formula—\nwhere—\nF is the amount of the fee.\nA is the amount of the annual fee for the environmental authority.\nN is the number of days in the interim year.\nIn this section—\ninterim year , for a termination of a suspension of an environmental authority, means the period—\nstarting on the day the notice to terminate the suspension is given to the administering authority; and\nending on the next anniversary day for the authority.\n(sec.179-ssec.1) For section 284G (2) (b) of the Act , the fee payable to terminate a suspension of an environmental authority is worked out using the following formula— where— F is the amount of the fee. A is the amount of the annual fee for the environmental authority. N is the number of days in the interim year.\n(sec.179-ssec.2) In this section— interim year , for a termination of a suspension of an environmental authority, means the period— starting on the day the notice to terminate the suspension is given to the administering authority; and ending on the next anniversary day for the authority.\n- (a) starting on the day the notice to terminate the suspension is given to the administering authority; and\n- (b) ending on the next anniversary day for the authority.","sortOrder":247},{"sectionNumber":"ch.9-pt.5","sectionType":"part","heading":"Exemptions","content":"# Exemptions","sortOrder":248},{"sectionNumber":"sec.180","sectionType":"section","heading":"Administering authority exempt from fees for self-administered activities","content":"### sec.180 Administering authority exempt from fees for self-administered activities\n\nAn administering authority is exempt from payment of a fee relating to an environmental authority for an environmentally relevant activity that is administered by the authority.","sortOrder":249},{"sectionNumber":"sec.181","sectionType":"section","heading":"Prescribed local government exempt from fees","content":"### sec.181 Prescribed local government exempt from fees\n\nThis section applies to the following (each a prescribed local government )—\nan indigenous local government;\nAurukun Shire Council;\nMornington Shire Council;\nTorres Shire Council.\nA prescribed local government is exempt from payment of a fee relating to an environmental authority for a prescribed ERA that is carried out by the local government in its local government area.\nIn this section—\nindigenous local government see the Local Government Act 2009 , schedule 4 .\n(sec.181-ssec.1) This section applies to the following (each a prescribed local government )— an indigenous local government; Aurukun Shire Council; Mornington Shire Council; Torres Shire Council.\n(sec.181-ssec.2) A prescribed local government is exempt from payment of a fee relating to an environmental authority for a prescribed ERA that is carried out by the local government in its local government area.\n(sec.181-ssec.3) In this section— indigenous local government see the Local Government Act 2009 , schedule 4 .\n- (a) an indigenous local government;\n- (b) Aurukun Shire Council;\n- (c) Mornington Shire Council;\n- (d) Torres Shire Council.","sortOrder":250},{"sectionNumber":"sec.182","sectionType":"section","heading":"Prescribed charitable institution exempt from fees","content":"### sec.182 Prescribed charitable institution exempt from fees\n\nA prescribed charitable institution is exempt from payment of a fee relating to an environmental authority for a prescribed ERA mentioned in schedule 2 , section 63 if the prescribed ERA is carried out within the relevant threshold.\nIn this section—\nprescribed charitable institution means a registered charity that, under the Income Tax Assessment Act 1997 (Cwlth) , chapter 2 , part 2 -15, division 50 , is an exempt entity that is eligible for a refund.\nrelevant threshold means the stated threshold of operating sewage treatment works with a total daily peak design capacity of 21EP to 100EP under schedule 2 , section 63 (3) .\n(sec.182-ssec.1) A prescribed charitable institution is exempt from payment of a fee relating to an environmental authority for a prescribed ERA mentioned in schedule 2 , section 63 if the prescribed ERA is carried out within the relevant threshold.\n(sec.182-ssec.2) In this section— prescribed charitable institution means a registered charity that, under the Income Tax Assessment Act 1997 (Cwlth) , chapter 2 , part 2 -15, division 50 , is an exempt entity that is eligible for a refund. relevant threshold means the stated threshold of operating sewage treatment works with a total daily peak design capacity of 21EP to 100EP under schedule 2 , section 63 (3) .","sortOrder":251},{"sectionNumber":"sec.183","sectionType":"section","heading":"Holders of particular environmental authorities exempt from annual fee","content":"### sec.183 Holders of particular environmental authorities exempt from annual fee\n\nThis section applies to the holder of an environmental authority for—\nmining activities that are eligible ERAs for only 1 of the following activities—\nan environmentally relevant activity carried out for the sole purpose of maintaining a State heritage place or a National heritage place;\ndimension stone mining for the sole purpose of constructing or maintaining a war grave; or\na prescribed ERA mentioned in schedule 2 , section 13A , if the prescribed ERA is the only environmentally relevant activity carried out under the environmental authority.\nThe holder is exempt from payment of the annual fee for the environmental authority.\nIn this section—\nCommonwealth War Graves Commission means the commission of that name established under royal charter in the United Kingdom.\nNational heritage place has the meaning given by the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , section 324C (3) .\nState heritage place means a State heritage place under the Queensland Heritage Act 1992 .\nwar grave includes any of the following things for which the Commonwealth Department of Veterans’ Affairs or the Commonwealth War Graves Commission is responsible for establishing and maintaining under a law of a State, the Commonwealth or a foreign country—\na headstone;\na war memorial or similar memorial;\nan inscribed plaque or commemorative plate;\na monumental, ornamental or other structure;\nanother thing erected or placed—\nto mark the site where human remains have been buried or placed; or\nto commemorate a deceased person.\ns 183 amd 2019 SL No. 234 s 9 ; 2021 SL No. 42 s 5\n(sec.183-ssec.1) This section applies to the holder of an environmental authority for— mining activities that are eligible ERAs for only 1 of the following activities— an environmentally relevant activity carried out for the sole purpose of maintaining a State heritage place or a National heritage place; dimension stone mining for the sole purpose of constructing or maintaining a war grave; or a prescribed ERA mentioned in schedule 2 , section 13A , if the prescribed ERA is the only environmentally relevant activity carried out under the environmental authority.\n(sec.183-ssec.2) The holder is exempt from payment of the annual fee for the environmental authority.\n(sec.183-ssec.3) In this section— Commonwealth War Graves Commission means the commission of that name established under royal charter in the United Kingdom. National heritage place has the meaning given by the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , section 324C (3) . State heritage place means a State heritage place under the Queensland Heritage Act 1992 . war grave includes any of the following things for which the Commonwealth Department of Veterans’ Affairs or the Commonwealth War Graves Commission is responsible for establishing and maintaining under a law of a State, the Commonwealth or a foreign country— a headstone; a war memorial or similar memorial; an inscribed plaque or commemorative plate; a monumental, ornamental or other structure; another thing erected or placed— to mark the site where human remains have been buried or placed; or to commemorate a deceased person.\n- (a) mining activities that are eligible ERAs for only 1 of the following activities— (i) an environmentally relevant activity carried out for the sole purpose of maintaining a State heritage place or a National heritage place; (ii) dimension stone mining for the sole purpose of constructing or maintaining a war grave; or\n- (i) an environmentally relevant activity carried out for the sole purpose of maintaining a State heritage place or a National heritage place;\n- (ii) dimension stone mining for the sole purpose of constructing or maintaining a war grave; or\n- (b) a prescribed ERA mentioned in schedule 2 , section 13A , if the prescribed ERA is the only environmentally relevant activity carried out under the environmental authority.\n- (i) an environmentally relevant activity carried out for the sole purpose of maintaining a State heritage place or a National heritage place;\n- (ii) dimension stone mining for the sole purpose of constructing or maintaining a war grave; or\n- (a) a headstone;\n- (b) a war memorial or similar memorial;\n- (c) an inscribed plaque or commemorative plate;\n- (d) a monumental, ornamental or other structure;\n- (e) another thing erected or placed— (i) to mark the site where human remains have been buried or placed; or (ii) to commemorate a deceased person.\n- (i) to mark the site where human remains have been buried or placed; or\n- (ii) to commemorate a deceased person.\n- (i) to mark the site where human remains have been buried or placed; or\n- (ii) to commemorate a deceased person.","sortOrder":252},{"sectionNumber":"ch.9-pt.6","sectionType":"part","heading":"Refund of application fees","content":"# Refund of application fees","sortOrder":253},{"sectionNumber":"sec.184","sectionType":"section","heading":"Refund of application fee for particular environmental authority","content":"### sec.184 Refund of application fee for particular environmental authority\n\nThis section applies if—\na person has applied for an environmental authority for mining activities that are eligible ERAs; and\nthe person has applied for 1 or more relevant mining tenements for the environmental authority; and\neach application for a relevant mining tenement mentioned in paragraph (b) has been refused or rejected.\nThe administering authority must refund to the person the application fee for the environmental authority.\n(sec.184-ssec.1) This section applies if— a person has applied for an environmental authority for mining activities that are eligible ERAs; and the person has applied for 1 or more relevant mining tenements for the environmental authority; and each application for a relevant mining tenement mentioned in paragraph (b) has been refused or rejected.\n(sec.184-ssec.2) The administering authority must refund to the person the application fee for the environmental authority.\n- (a) a person has applied for an environmental authority for mining activities that are eligible ERAs; and\n- (b) the person has applied for 1 or more relevant mining tenements for the environmental authority; and\n- (c) each application for a relevant mining tenement mentioned in paragraph (b) has been refused or rejected.","sortOrder":254},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Public interest evaluations","content":"# Public interest evaluations","sortOrder":255},{"sectionNumber":"sec.184A","sectionType":"section","heading":"Qualifications and experience for carrying out public interest evaluations","content":"### sec.184A Qualifications and experience for carrying out public interest evaluations\n\nThis section prescribes the experience and qualifications an entity must have that are necessary to carry out a public interest evaluation for the following provisions of the Act —\nsection 49 (8) , definition qualified entity ;\nsection 136A (3) , definition qualified entity ;\nsection 316PC (4) (a) .\nThe entity must have a qualification relating to each of the following areas (each a relevant field ) that gives the entity the necessary competence for carrying out the evaluation—\nenvironmental risk assessment;\nfinancial impact assessment;\nregional and State macro-economic assessment;\nrehabilitation planning and management;\nresource project planning and management;\nsocial impact assessment.\nAlso, the entity must have at least 10 years of demonstrated experience in each relevant field.\nA substantial part of the experience mentioned in subsection (3) must be relevant to—\nmining; and\nfor a relevant field mentioned in subsection (2) (d) or (e) —\nthe nature of the mineral to be mined; and\nthe mining method and associated impacts.\ns 184A ins 2019 SL No. 198 s 9\n(sec.184A-ssec.1) This section prescribes the experience and qualifications an entity must have that are necessary to carry out a public interest evaluation for the following provisions of the Act — section 49 (8) , definition qualified entity ; section 136A (3) , definition qualified entity ; section 316PC (4) (a) .\n(sec.184A-ssec.2) The entity must have a qualification relating to each of the following areas (each a relevant field ) that gives the entity the necessary competence for carrying out the evaluation— environmental risk assessment; financial impact assessment; regional and State macro-economic assessment; rehabilitation planning and management; resource project planning and management; social impact assessment.\n(sec.184A-ssec.3) Also, the entity must have at least 10 years of demonstrated experience in each relevant field.\n(sec.184A-ssec.4) A substantial part of the experience mentioned in subsection (3) must be relevant to— mining; and for a relevant field mentioned in subsection (2) (d) or (e) — the nature of the mineral to be mined; and the mining method and associated impacts.\n- (a) section 49 (8) , definition qualified entity ;\n- (b) section 136A (3) , definition qualified entity ;\n- (c) section 316PC (4) (a) .\n- (a) environmental risk assessment;\n- (b) financial impact assessment;\n- (c) regional and State macro-economic assessment;\n- (d) rehabilitation planning and management;\n- (e) resource project planning and management;\n- (f) social impact assessment.\n- (a) mining; and\n- (b) for a relevant field mentioned in subsection (2) (d) or (e) — (i) the nature of the mineral to be mined; and (ii) the mining method and associated impacts.\n- (i) the nature of the mineral to be mined; and\n- (ii) the mining method and associated impacts.\n- (i) the nature of the mineral to be mined; and\n- (ii) the mining method and associated impacts.","sortOrder":256},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"General","content":"# General","sortOrder":257},{"sectionNumber":"sec.185","sectionType":"section","heading":"When annual return must be given— Act , s 316IA","content":"### sec.185 When annual return must be given— Act , s 316IA\n\nFor section 316IA (2) (b) (i) of the Act , the day prescribed is—\nfor the holder of an environmental authority for only a relevant prescribed ERA—the anniversary day for the holder’s environmental authority; or\notherwise—1 April immediately following the year to which the annual return relates.\nIn this section—\nrelevant prescribed ERA means—\na prescribed ERA if the administration and enforcement of the Act in relation to the prescribed ERA is devolved to a local government under chapter 8 , part 1 ; or\na prescribed ERA mentioned in schedule 2 , part 1 , section 2 , 3 or 4 .\ns 185 sub 2020 SL No. 224 s 3\n(sec.185-ssec.1) For section 316IA (2) (b) (i) of the Act , the day prescribed is— for the holder of an environmental authority for only a relevant prescribed ERA—the anniversary day for the holder’s environmental authority; or otherwise—1 April immediately following the year to which the annual return relates.\n(sec.185-ssec.2) In this section— relevant prescribed ERA means— a prescribed ERA if the administration and enforcement of the Act in relation to the prescribed ERA is devolved to a local government under chapter 8 , part 1 ; or a prescribed ERA mentioned in schedule 2 , part 1 , section 2 , 3 or 4 .\n- (a) for the holder of an environmental authority for only a relevant prescribed ERA—the anniversary day for the holder’s environmental authority; or\n- (b) otherwise—1 April immediately following the year to which the annual return relates.\n- (a) a prescribed ERA if the administration and enforcement of the Act in relation to the prescribed ERA is devolved to a local government under chapter 8 , part 1 ; or\n- (b) a prescribed ERA mentioned in schedule 2 , part 1 , section 2 , 3 or 4 .","sortOrder":258},{"sectionNumber":"sec.186","sectionType":"section","heading":"Limited amendment of map of Great Barrier Reef wetland protection areas","content":"### sec.186 Limited amendment of map of Great Barrier Reef wetland protection areas\n\nThe chief executive may amend the map of Great Barrier Reef wetland protection areas only if the amendment—\nis to remove all or part of an area shown as a wetland protection area; and\nis made because—\nmore accurate information indicating the extent, or hydrological type, of the wetland has become available; or\nthe chief executive considers the wetland is not of high ecological significance.\nIf the chief executive amends the map under subsection (1) , the chief executive must—\nfix a new edition number to the amended map; and\npublish the amended map on the department’s website.\nIn this section—\nwetland protection area means an area shown as a wetland protection area on the map of Great Barrier Reef wetland protection areas.\n(sec.186-ssec.1) The chief executive may amend the map of Great Barrier Reef wetland protection areas only if the amendment— is to remove all or part of an area shown as a wetland protection area; and is made because— more accurate information indicating the extent, or hydrological type, of the wetland has become available; or the chief executive considers the wetland is not of high ecological significance.\n(sec.186-ssec.2) If the chief executive amends the map under subsection (1) , the chief executive must— fix a new edition number to the amended map; and publish the amended map on the department’s website.\n(sec.186-ssec.3) In this section— wetland protection area means an area shown as a wetland protection area on the map of Great Barrier Reef wetland protection areas.\n- (a) is to remove all or part of an area shown as a wetland protection area; and\n- (b) is made because— (i) more accurate information indicating the extent, or hydrological type, of the wetland has become available; or (ii) the chief executive considers the wetland is not of high ecological significance.\n- (i) more accurate information indicating the extent, or hydrological type, of the wetland has become available; or\n- (ii) the chief executive considers the wetland is not of high ecological significance.\n- (i) more accurate information indicating the extent, or hydrological type, of the wetland has become available; or\n- (ii) the chief executive considers the wetland is not of high ecological significance.\n- (a) fix a new edition number to the amended map; and\n- (b) publish the amended map on the department’s website.","sortOrder":259},{"sectionNumber":"sec.186A","sectionType":"section","heading":"Circumstances for amending environmental authority for mineral and bulk material handling— Act , s 215","content":"### sec.186A Circumstances for amending environmental authority for mineral and bulk material handling— Act , s 215\n\nFor section 215 (2) (s) of the Act , the circumstances for amending an environmental authority for a prescribed ERA mentioned in schedule 2 , section 50 are—\nthe holder of the authority or a person acting under the authority has carried out, or is carrying out, a transhipping activity under the authority; and\nthe authority does not state the threshold mentioned in schedule 2 , section 50 (4) , table, item 3.\ns 186A ins 2020 SL No. 225 s 5\namd 2024 SL No. 126 s 8\n- (a) the holder of the authority or a person acting under the authority has carried out, or is carrying out, a transhipping activity under the authority; and\n- (b) the authority does not state the threshold mentioned in schedule 2 , section 50 (4) , table, item 3.","sortOrder":260},{"sectionNumber":"sec.186B","sectionType":"section","heading":"Circumstance for amending environmental authority for organic material processing— Act , s 215","content":"### sec.186B Circumstance for amending environmental authority for organic material processing— Act , s 215\n\nFor section 215 (2) (s) of the Act , the circumstance prescribed for amending an environmental authority for organic material processing is that each of the following applies—\nthe relevant activity for the authority is carried out within 4km of the boundary of a residential zone;\nthe administering authority believes the relevant activity is being, or may be, carried out, at any time, using odorous feedstock;\nthe authority does not include a condition to the effect that the relevant activity must be carried out as mentioned in section 29A (2) (a) and (b) .\ns 186B ins 2024 SL No. 126 s 9\n- (a) the relevant activity for the authority is carried out within 4km of the boundary of a residential zone;\n- (b) the administering authority believes the relevant activity is being, or may be, carried out, at any time, using odorous feedstock;\n- (c) the authority does not include a condition to the effect that the relevant activity must be carried out as mentioned in section 29A (2) (a) and (b) .","sortOrder":261},{"sectionNumber":"sec.187","sectionType":"section","heading":null,"content":"### Section sec.187\n\ns 187 om 2024 Act No. 30 s 57","sortOrder":262},{"sectionNumber":"sec.187A","sectionType":"section","heading":"PRCP start date— Act , s 750","content":"### sec.187A PRCP start date— Act , s 750\n\nFor section 750 of the Act , definition PRCP start date , the day prescribed is 1 November 2019.\ns 187A ins 2019 SL No. 198 s 10","sortOrder":263},{"sectionNumber":"sec.187B","sectionType":"section","heading":"Exceptional circumstances in which land taken not to be available for rehabilitation— Act , s 754","content":"### sec.187B Exceptional circumstances in which land taken not to be available for rehabilitation— Act , s 754\n\nFor section 754 (9) of the Act , exceptional circumstances in which land is taken not to be available for rehabilitation for section 126D (4) of the Act exist to the extent—\nthe land is identified in a proposed PRCP schedule as containing a probable or proved ore reserve; and\nthe mining of the reserve is required to rehabilitate a relevant rehabilitation area under the proposed PRCP schedule; and\nthe reserve can not reasonably be mined within 10 years after the land would otherwise have become available for rehabilitation under section 126D (5) of the Act ; and\nthe proposed PRCP schedule provides for the mining of the reserve and the area becoming available for rehabilitation as soon as practicable after the 10-year period mentioned paragraph (c) ends.\nIn this section—\nrelevant rehabilitation area , for a proposed PRCP schedule, means land under the proposed PRCP schedule if—\nit is land described in section 754 (3) of the Act ; and\ndespite paragraph (a) , the proposed PRCP schedule provides for a post-mining land use for the land.\ns 187B ins 2019 SL No. 198 s 10\n(sec.187B-ssec.1) For section 754 (9) of the Act , exceptional circumstances in which land is taken not to be available for rehabilitation for section 126D (4) of the Act exist to the extent— the land is identified in a proposed PRCP schedule as containing a probable or proved ore reserve; and the mining of the reserve is required to rehabilitate a relevant rehabilitation area under the proposed PRCP schedule; and the reserve can not reasonably be mined within 10 years after the land would otherwise have become available for rehabilitation under section 126D (5) of the Act ; and the proposed PRCP schedule provides for the mining of the reserve and the area becoming available for rehabilitation as soon as practicable after the 10-year period mentioned paragraph (c) ends.\n(sec.187B-ssec.2) In this section— relevant rehabilitation area , for a proposed PRCP schedule, means land under the proposed PRCP schedule if— it is land described in section 754 (3) of the Act ; and despite paragraph (a) , the proposed PRCP schedule provides for a post-mining land use for the land.\n- (a) the land is identified in a proposed PRCP schedule as containing a probable or proved ore reserve; and\n- (b) the mining of the reserve is required to rehabilitate a relevant rehabilitation area under the proposed PRCP schedule; and\n- (c) the reserve can not reasonably be mined within 10 years after the land would otherwise have become available for rehabilitation under section 126D (5) of the Act ; and\n- (d) the proposed PRCP schedule provides for the mining of the reserve and the area becoming available for rehabilitation as soon as practicable after the 10-year period mentioned paragraph (c) ends.\n- (a) it is land described in section 754 (3) of the Act ; and\n- (b) despite paragraph (a) , the proposed PRCP schedule provides for a post-mining land use for the land.","sortOrder":264},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":265},{"sectionNumber":"sec.188","sectionType":"section","heading":"Repeal","content":"### sec.188 Repeal\n\nThe Environmental Protection Regulation 2008 , SL No. 370 is repealed.","sortOrder":266},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":"Transitional and savings provisions for SL No. 155 of 2019","content":"# Transitional and savings provisions for SL No. 155 of 2019","sortOrder":267},{"sectionNumber":"ch.11-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":268},{"sectionNumber":"sec.189","sectionType":"section","heading":"Definition for part","content":"### sec.189 Definition for part\n\nIn this part—\nrepealed regulation means the repealed Environmental Protection Regulation 2008 .","sortOrder":269},{"sectionNumber":"ch.11-pt.2-div.2","sectionType":"division","heading":"Environmental authorities and environmentally relevant activities","content":"## Environmental authorities and environmentally relevant activities","sortOrder":270},{"sectionNumber":"sec.190","sectionType":"section","heading":"Prescribed conditions for small scale mining activities","content":"### sec.190 Prescribed conditions for small scale mining activities\n\nThis section applies to an environmental authority, in force immediately before the commencement, for a mining activity that is a small scale mining activity.\nThe repealed regulation, section 23A and schedule 2C continues to apply to the authority.\n(sec.190-ssec.1) This section applies to an environmental authority, in force immediately before the commencement, for a mining activity that is a small scale mining activity.\n(sec.190-ssec.2) The repealed regulation, section 23A and schedule 2C continues to apply to the authority.","sortOrder":271},{"sectionNumber":"sec.191","sectionType":"section","heading":"Continued eligibility criteria and standard conditions for sewage treatment activities— Act , s 707A","content":"### sec.191 Continued eligibility criteria and standard conditions for sewage treatment activities— Act , s 707A\n\nThe repealed regulation, section 170 continues to apply except that a reference to the codes of environmental compliance mentioned in schedule 3 is taken to be a reference to the code of environmental compliance called ‘Code of environmental compliance for certain aspects of sewage treatment activities (ERA 63)—Version 1’.\nIn this section—\ncode of environmental compliance see section 676 of the Act .\n(sec.191-ssec.1) The repealed regulation, section 170 continues to apply except that a reference to the codes of environmental compliance mentioned in schedule 3 is taken to be a reference to the code of environmental compliance called ‘Code of environmental compliance for certain aspects of sewage treatment activities (ERA 63)—Version 1’.\n(sec.191-ssec.2) In this section— code of environmental compliance see section 676 of the Act .","sortOrder":272},{"sectionNumber":"sec.192","sectionType":"section","heading":"Replacement environmental authorities for organic material processing and waste disposal","content":"### sec.192 Replacement environmental authorities for organic material processing and waste disposal\n\nThis section applies to a person who, immediately before the commencement, was the holder of a replacement environmental authority under the repealed regulation, section 183(2).\nThe prescribed ERAs for a replacement environmental authority mentioned in the repealed regulation, section 183 are organic material processing and waste disposal.\nThe repealed regulation, section 183(4), (5) and (6) continues to apply to the person as if—\na reference to an existing environmental authority is taken to be a reference to an authority mentioned in the repealed regulation, section 183(1); and\na reference to the commencement is taken to be a reference to the commencement of the repealed regulation, section 183.\n(sec.192-ssec.1) This section applies to a person who, immediately before the commencement, was the holder of a replacement environmental authority under the repealed regulation, section 183(2). The prescribed ERAs for a replacement environmental authority mentioned in the repealed regulation, section 183 are organic material processing and waste disposal.\n(sec.192-ssec.2) The repealed regulation, section 183(4), (5) and (6) continues to apply to the person as if— a reference to an existing environmental authority is taken to be a reference to an authority mentioned in the repealed regulation, section 183(1); and a reference to the commencement is taken to be a reference to the commencement of the repealed regulation, section 183.\n- (a) a reference to an existing environmental authority is taken to be a reference to an authority mentioned in the repealed regulation, section 183(1); and\n- (b) a reference to the commencement is taken to be a reference to the commencement of the repealed regulation, section 183.","sortOrder":273},{"sectionNumber":"sec.193","sectionType":"section","heading":"Replacement environmental authorities for particular prescribed ERAs","content":"### sec.193 Replacement environmental authorities for particular prescribed ERAs\n\nThis section applies to a person who, immediately before the commencement, was the holder of a replacement environmental authority under the repealed regulation, section 186(2).\nThe following are the prescribed ERAs for a replacement environmental authority mentioned in the repealed regulation, section 186—\norganic material processing\nmechanical waste reprocessing\nother waste reprocessing or treatment\nregulated waste transport\nwaste disposal\nthermal waste reprocessing and treatment\nresource recovery and transfer facility operation\nThe repealed regulation, sections 186(4), (5), (6) and (7) and 187 continues to apply as if—\na reference to an existing environmental authority is taken to be a reference to an authority mentioned in the repealed regulation, section 186(1); and\na reference to the commencement is taken to be a reference to the commencement of the repealed regulation, section 186.\n(sec.193-ssec.1) This section applies to a person who, immediately before the commencement, was the holder of a replacement environmental authority under the repealed regulation, section 186(2). The following are the prescribed ERAs for a replacement environmental authority mentioned in the repealed regulation, section 186— organic material processing mechanical waste reprocessing other waste reprocessing or treatment regulated waste transport waste disposal thermal waste reprocessing and treatment resource recovery and transfer facility operation\n(sec.193-ssec.2) The repealed regulation, sections 186(4), (5), (6) and (7) and 187 continues to apply as if— a reference to an existing environmental authority is taken to be a reference to an authority mentioned in the repealed regulation, section 186(1); and a reference to the commencement is taken to be a reference to the commencement of the repealed regulation, section 186.\n- • organic material processing\n- • mechanical waste reprocessing\n- • other waste reprocessing or treatment\n- • regulated waste transport\n- • waste disposal\n- • thermal waste reprocessing and treatment\n- • resource recovery and transfer facility operation\n- (a) a reference to an existing environmental authority is taken to be a reference to an authority mentioned in the repealed regulation, section 186(1); and\n- (b) a reference to the commencement is taken to be a reference to the commencement of the repealed regulation, section 186.","sortOrder":274},{"sectionNumber":"sec.194","sectionType":"section","heading":"Replacement environmental authorities for organic material processing","content":"### sec.194 Replacement environmental authorities for organic material processing\n\nThis section applies to a person who, immediately before the commencement, was the holder of a replacement environmental authority under the repealed regulation, section 190(2).\nThe prescribed ERA for the replacement environmental authority mentioned in the repealed regulation, section 190 is organic material processing.\nThe repealed regulation, section 190(4) continues to apply as if—\na reference to an existing environmental authority is taken to be a reference to an authority mentioned in the repealed regulation, section 190(1); and\na reference to the commencement is taken to be a reference to the commencement of the repealed regulation, section 190.\n(sec.194-ssec.1) This section applies to a person who, immediately before the commencement, was the holder of a replacement environmental authority under the repealed regulation, section 190(2). The prescribed ERA for the replacement environmental authority mentioned in the repealed regulation, section 190 is organic material processing.\n(sec.194-ssec.2) The repealed regulation, section 190(4) continues to apply as if— a reference to an existing environmental authority is taken to be a reference to an authority mentioned in the repealed regulation, section 190(1); and a reference to the commencement is taken to be a reference to the commencement of the repealed regulation, section 190.\n- (a) a reference to an existing environmental authority is taken to be a reference to an authority mentioned in the repealed regulation, section 190(1); and\n- (b) a reference to the commencement is taken to be a reference to the commencement of the repealed regulation, section 190.","sortOrder":275},{"sectionNumber":"sec.194A","sectionType":"section","heading":"Approved ERA standards continue in effect","content":"### sec.194A Approved ERA standards continue in effect\n\nFor section 318D of the Act , an ERA standard that was approved under the repealed Environmental Protection Regulation 2008 and stated in a document mentioned in schedule 7 on 1 September 2019 continues in effect as an approved ERA standard.\ns 194A (prev s 29) amd 2022 SL No. 26 s 5 (1) – (2)\nreloc and renum 2022 SL No. 26 s 5 (3)","sortOrder":276},{"sectionNumber":"ch.11-pt.2-div.3","sectionType":"division","heading":"Regulatory requirements","content":"## Regulatory requirements","sortOrder":277},{"sectionNumber":"sec.195","sectionType":"section","heading":"Regulatory requirements continue to apply","content":"### sec.195 Regulatory requirements continue to apply\n\nThis section applies if, immediately before the commencement, the administering authority for a matter started to make an environmental management decision under the repealed regulation and the decision had not been made.\nThe repealed regulation, chapter 4 continues to apply to the making of the decision.\nFor subsection (2), a reference in the regulatory requirements under the repealed regulation to an environmental protection policy is taken be a reference to an environmental protection policy as in force immediately before the commencement.\n(sec.195-ssec.1) This section applies if, immediately before the commencement, the administering authority for a matter started to make an environmental management decision under the repealed regulation and the decision had not been made.\n(sec.195-ssec.2) The repealed regulation, chapter 4 continues to apply to the making of the decision.\n(sec.195-ssec.3) For subsection (2), a reference in the regulatory requirements under the repealed regulation to an environmental protection policy is taken be a reference to an environmental protection policy as in force immediately before the commencement.","sortOrder":278},{"sectionNumber":"ch.11-pt.2-div.4","sectionType":"division","heading":"Environmental management and environmental offences","content":"## Environmental management and environmental offences","sortOrder":279},{"sectionNumber":"sec.196","sectionType":"section","heading":"Records of generators and receivers for commercial waste and industrial waste","content":"### sec.196 Records of generators and receivers for commercial waste and industrial waste\n\nA record kept by a generator or receiver under the repealed regulation, chapter 5, part 1, division 3 is taken to be a record under chapter 5, part 1, division 3.","sortOrder":280},{"sectionNumber":"sec.197","sectionType":"section","heading":"Records of waste handlers","content":"### sec.197 Records of waste handlers\n\nA record kept by a waste handler under the repealed regulation, chapter 5, part 9, division 3 is taken to be a record under chapter 5, part 9, division 3.","sortOrder":281},{"sectionNumber":"sec.198","sectionType":"section","heading":"Applications relating to waste tracking","content":"### sec.198 Applications relating to waste tracking\n\nThis section applies if, immediately before the commencement, an application made under the repealed regulation, section 81W, 81X or 81Y had not been finally dealt with.\nThe repealed regulation, chapter 5, part 9 continues to apply to the application.\nAn approval, consignment number or exemption granted under the repealed regulation, section 81W, 81X or 81Y, as applied by subsection (2), is taken to be an approval, consignment number or exemption granted under section 92, 93 or 94.\n(sec.198-ssec.1) This section applies if, immediately before the commencement, an application made under the repealed regulation, section 81W, 81X or 81Y had not been finally dealt with.\n(sec.198-ssec.2) The repealed regulation, chapter 5, part 9 continues to apply to the application.\n(sec.198-ssec.3) An approval, consignment number or exemption granted under the repealed regulation, section 81W, 81X or 81Y, as applied by subsection (2), is taken to be an approval, consignment number or exemption granted under section 92, 93 or 94.","sortOrder":282},{"sectionNumber":"sec.199","sectionType":"section","heading":"Approvals","content":"### sec.199 Approvals\n\nAn approval given under the repealed regulation, section 81W and in effect immediately before the commencement is taken to be an approval given under section 92.","sortOrder":283},{"sectionNumber":"sec.200","sectionType":"section","heading":"Consignment numbers","content":"### sec.200 Consignment numbers\n\nA consignment number assigned to a load or loads of trackable waste under the repealed regulation, section 81X and in effect immediately before the commencement is taken to be the consignment number assigned to the load or loads under section 93.","sortOrder":284},{"sectionNumber":"sec.201","sectionType":"section","heading":"Exemptions for transportation of trackable waste","content":"### sec.201 Exemptions for transportation of trackable waste\n\nAn exemption granted under the repealed regulation, section 81Y and in effect immediately before the commencement is taken to be an exemption granted under section 94.","sortOrder":285},{"sectionNumber":"sec.202","sectionType":"section","heading":"Generator identification numbers","content":"### sec.202 Generator identification numbers\n\nA generator identification number assigned to a person under the repealed regulation, section 81ZB and in effect immediately before the commencement is taken to be the generator identification number assigned to the person under section 97.","sortOrder":286},{"sectionNumber":"ch.11-pt.2-div.5","sectionType":"division","heading":"Waste management by local governments","content":"## Waste management by local governments","sortOrder":287},{"sectionNumber":"sec.203","sectionType":"section","heading":"Local laws about waste management","content":"### sec.203 Local laws about waste management\n\nThis section applies to a local government area if—\nthe local government for the area made a local law about waste management for the area; and\nthe local law states that it replaces the repealed regulation, chapter 5A; and\nthe local law is in force immediately before the commencement.\nChapter 6 does not apply to the local government area while the local law is in force.\n(sec.203-ssec.1) This section applies to a local government area if— the local government for the area made a local law about waste management for the area; and the local law states that it replaces the repealed regulation, chapter 5A; and the local law is in force immediately before the commencement.\n(sec.203-ssec.2) Chapter 6 does not apply to the local government area while the local law is in force.\n- (a) the local government for the area made a local law about waste management for the area; and\n- (b) the local law states that it replaces the repealed regulation, chapter 5A; and\n- (c) the local law is in force immediately before the commencement.","sortOrder":288},{"sectionNumber":"sec.204","sectionType":"section","heading":"Approvals for depositing or disposal of general waste","content":"### sec.204 Approvals for depositing or disposal of general waste\n\nAn approval for depositing or disposing of waste that is given by a local government under the repealed regulation, section 81ZK(2)(a) and in force immediately before the commencement is taken to be a relevant approval for the depositing or disposing of the waste under section 106.\nIf the local government imposed a condition on the approval under the repealed regulation, section 81ZK(2)(b), the condition is taken to be imposed on the relevant approval under section 106.\n(sec.204-ssec.1) An approval for depositing or disposing of waste that is given by a local government under the repealed regulation, section 81ZK(2)(a) and in force immediately before the commencement is taken to be a relevant approval for the depositing or disposing of the waste under section 106.\n(sec.204-ssec.2) If the local government imposed a condition on the approval under the repealed regulation, section 81ZK(2)(b), the condition is taken to be imposed on the relevant approval under section 106.","sortOrder":289},{"sectionNumber":"ch.11-pt.2-div.6","sectionType":"division","heading":"National Pollutant Inventory","content":"## National Pollutant Inventory","sortOrder":290},{"sectionNumber":"sec.205","sectionType":"section","heading":"Reporting periods","content":"### sec.205 Reporting periods\n\nA reporting period for a reporting facility decided by the chief executive under the repealed regulation, section 86 and in effect immediately before the commencement is taken to be the reporting period for the facility for chapter 7.","sortOrder":291},{"sectionNumber":"sec.206","sectionType":"section","heading":"Information kept by occupiers of reporting facility","content":"### sec.206 Information kept by occupiers of reporting facility\n\nAny information kept by an occupier of a reporting facility under the repealed regulation, section 87 is taken to be information under section 119.","sortOrder":292},{"sectionNumber":"sec.207","sectionType":"section","heading":"Estimation technique applications","content":"### sec.207 Estimation technique applications\n\nThis section applies if, immediately before the commencement, an estimation technique application made under the repealed regulation, section 91 had not been finally dealt with.\nThe repealed regulation, chapter 6, part 3 continues to apply to the application.\nAn approval granted under the repealed regulation, section 92 as applied by subsection (2), is taken to be an approval granted under section 124.\n(sec.207-ssec.1) This section applies if, immediately before the commencement, an estimation technique application made under the repealed regulation, section 91 had not been finally dealt with.\n(sec.207-ssec.2) The repealed regulation, chapter 6, part 3 continues to apply to the application.\n(sec.207-ssec.3) An approval granted under the repealed regulation, section 92 as applied by subsection (2), is taken to be an approval granted under section 124.","sortOrder":293},{"sectionNumber":"sec.208","sectionType":"section","heading":"Estimation technique approvals","content":"### sec.208 Estimation technique approvals\n\nAn estimation technique approval under the repealed regulation, section 92 or 93 and in effect immediately before the commencement is taken to be an estimation technique approval under section 124 or 125.","sortOrder":294},{"sectionNumber":"sec.209","sectionType":"section","heading":"Exemptions for reporting requirements","content":"### sec.209 Exemptions for reporting requirements\n\nAn exemption granted under the repealed regulation, section 96 and in effect immediately before the commencement is taken to be an exemption granted under section 128.","sortOrder":295},{"sectionNumber":"ch.11-pt.2-div.7","sectionType":"division","heading":"Devolution of powers","content":"## Devolution of powers","sortOrder":296},{"sectionNumber":"sec.210","sectionType":"section","heading":"Continued administration and enforcement","content":"### sec.210 Continued administration and enforcement\n\nThe repealed regulation, section 185 continues to apply to a local government except that—\na reference to the commencement is taken to be a reference to the commencement of the repealed regulation, section 185; and\na reference to former section 101 is taken to be a reference to the repealed regulation, section 101 as in force immediately before the commencement of the Environmental Protection (Waste ERA Framework) Amendment Regulation 2018 , section 11 ; and\na reference to new section 101 is taken to be a reference to the repealed regulation, section 101 as in force on the commencement of the repealed regulation, section 185.\n- (a) a reference to the commencement is taken to be a reference to the commencement of the repealed regulation, section 185; and\n- (b) a reference to former section 101 is taken to be a reference to the repealed regulation, section 101 as in force immediately before the commencement of the Environmental Protection (Waste ERA Framework) Amendment Regulation 2018 , section 11 ; and\n- (c) a reference to new section 101 is taken to be a reference to the repealed regulation, section 101 as in force on the commencement of the repealed regulation, section 185.","sortOrder":297},{"sectionNumber":"ch.11-pt.2-div.8","sectionType":"division","heading":"Record requirement for fees","content":"## Record requirement for fees","sortOrder":298},{"sectionNumber":"sec.211","sectionType":"section","heading":"Requirement to keep records for reduced annual fee","content":"### sec.211 Requirement to keep records for reduced annual fee\n\nThe repealed regulation, section 130 continues to apply to a record required to be kept under that section.","sortOrder":299},{"sectionNumber":"ch.11-pt.2-div.9","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":300},{"sectionNumber":"sec.212","sectionType":"section","heading":"References to repealed regulation","content":"### sec.212 References to repealed regulation\n\nIn a document, if the context permits—\na reference to the repealed regulation may be taken to be a reference to this regulation; and\na reference to a repealed provision may be taken to be a reference to the corresponding provision to the repealed provision.\nSubsection (1) does not limit the Acts Interpretation Act 1954 , section 14H.\nIn this section—\ncorresponding provision , to a repealed provision, means a provision of this regulation that is substantially the same as the repealed provision.\nrepealed provision means a provision of the repealed regulation as in force immediately before the commencement.\n(sec.212-ssec.1) In a document, if the context permits— a reference to the repealed regulation may be taken to be a reference to this regulation; and a reference to a repealed provision may be taken to be a reference to the corresponding provision to the repealed provision.\n(sec.212-ssec.2) Subsection (1) does not limit the Acts Interpretation Act 1954 , section 14H.\n(sec.212-ssec.3) In this section— corresponding provision , to a repealed provision, means a provision of this regulation that is substantially the same as the repealed provision. repealed provision means a provision of the repealed regulation as in force immediately before the commencement.\n- (a) a reference to the repealed regulation may be taken to be a reference to this regulation; and\n- (b) a reference to a repealed provision may be taken to be a reference to the corresponding provision to the repealed provision.","sortOrder":301},{"sectionNumber":"ch.11-pt.3","sectionType":"part","heading":"Transitional provision for Environmental Protection (Rehabilitation Reform) Amendment Regulation 2019","content":"# Transitional provision for Environmental Protection (Rehabilitation Reform) Amendment Regulation 2019","sortOrder":302},{"sectionNumber":"sec.213","sectionType":"section","heading":"Carrying out PRCP objective assessment for particular PRCP schedule decision","content":"### sec.213 Carrying out PRCP objective assessment for particular PRCP schedule decision\n\nThis section applies if, under section 754 of the Act , the administering authority has given a mining EA holder a notice requiring the holder to give the administering authority a proposed PRC plan.\nSchedule 8A, part 3, table 1 does not apply for conducting a PRCP objective assessment of the proposed PRCP schedule for the plan to the extent that—\na land outcome document provides for an outcome for the land the subject of the proposed PRCP schedule; and\nthe outcome for the land is the same as or substantially similar to the outcome for the land as if it were a post-mining land use or non-use management area under the plan.\nAlso, the PRCP objective and PRCP performance outcomes stated in schedule 8A, part 3, table 2, entry for ‘Rehabilitation Milestones’ do not apply for conducting a PRCP objective assessment of the proposed PRCP schedule for the plan to the extent that—\na land outcome document states criteria for achieving an outcome provided for in the document for land; and\nthe same or substantially similar criteria are proposed in the plan for the outcome.\nIn addition, the PRCP objective and PRCP performance outcomes stated in schedule 8A, part 3, table 3, entry for ‘Management Milestones’ do not apply for conducting a PRCP objective assessment of the proposed PRCP schedule for the plan to the extent that—\na land outcome document states criteria for achieving an outcome provided for in the document for land; and\nthe same or substantially similar criteria are proposed in the plan for the outcome.\nFor applying subsection (2), (3) or (4), if there is an inconsistency in land outcome documents for land, the document appearing first in the list mentioned in section 750 of the Act , definition land outcome document , prevails to the extent of the inconsistency.\nIn this section—\nland outcome document see section 750 of the Act .\ns 213 ins 2019 SL No. 198 s 12\n(sec.213-ssec.1) This section applies if, under section 754 of the Act , the administering authority has given a mining EA holder a notice requiring the holder to give the administering authority a proposed PRC plan.\n(sec.213-ssec.2) Schedule 8A, part 3, table 1 does not apply for conducting a PRCP objective assessment of the proposed PRCP schedule for the plan to the extent that— a land outcome document provides for an outcome for the land the subject of the proposed PRCP schedule; and the outcome for the land is the same as or substantially similar to the outcome for the land as if it were a post-mining land use or non-use management area under the plan.\n(sec.213-ssec.3) Also, the PRCP objective and PRCP performance outcomes stated in schedule 8A, part 3, table 2, entry for ‘Rehabilitation Milestones’ do not apply for conducting a PRCP objective assessment of the proposed PRCP schedule for the plan to the extent that— a land outcome document states criteria for achieving an outcome provided for in the document for land; and the same or substantially similar criteria are proposed in the plan for the outcome.\n(sec.213-ssec.4) In addition, the PRCP objective and PRCP performance outcomes stated in schedule 8A, part 3, table 3, entry for ‘Management Milestones’ do not apply for conducting a PRCP objective assessment of the proposed PRCP schedule for the plan to the extent that— a land outcome document states criteria for achieving an outcome provided for in the document for land; and the same or substantially similar criteria are proposed in the plan for the outcome.\n(sec.213-ssec.5) For applying subsection (2), (3) or (4), if there is an inconsistency in land outcome documents for land, the document appearing first in the list mentioned in section 750 of the Act , definition land outcome document , prevails to the extent of the inconsistency.\n(sec.213-ssec.6) In this section— land outcome document see section 750 of the Act .\n- (a) a land outcome document provides for an outcome for the land the subject of the proposed PRCP schedule; and\n- (b) the outcome for the land is the same as or substantially similar to the outcome for the land as if it were a post-mining land use or non-use management area under the plan.\n- (a) a land outcome document states criteria for achieving an outcome provided for in the document for land; and\n- (b) the same or substantially similar criteria are proposed in the plan for the outcome.\n- (a) a land outcome document states criteria for achieving an outcome provided for in the document for land; and\n- (b) the same or substantially similar criteria are proposed in the plan for the outcome.","sortOrder":303},{"sectionNumber":"ch.11-pt.4","sectionType":"part","heading":"Transitional provisions for Environmental Protection (Great Barrier Reef Protection Measures) and Other Legislation Amendment Regulation 2019","content":"# Transitional provisions for Environmental Protection (Great Barrier Reef Protection Measures) and Other Legislation Amendment Regulation 2019","sortOrder":304},{"sectionNumber":"sec.214","sectionType":"section","heading":"Application of s 41AA during transitional period","content":"### sec.214 Application of s 41AA during transitional period\n\nSection 41AA does not apply in relation to an application made under the Act if the application was made before the transitional period ends.\nIn this section—\ntransitional period means the period that starts on the commencement and ends 1 year after the commencement.\nSee section 216 in relation to the application of this section.\ns 214 ins 2019 SL No. 234 s 10\namd 2020 SL No. 77 s 3\n(sec.214-ssec.1) Section 41AA does not apply in relation to an application made under the Act if the application was made before the transitional period ends.\n(sec.214-ssec.2) In this section— transitional period means the period that starts on the commencement and ends 1 year after the commencement.","sortOrder":305},{"sectionNumber":"sec.215","sectionType":"section","heading":"Application of sch 2, pt 2A generally","content":"### sec.215 Application of sch 2, pt 2A generally\n\nSchedule 2, part 2A does not apply during the transitional period.\nAlso, after the end of the transitional period, schedule 2, part 2A does not apply to premises to which a development approval attaches, while the development approval is in effect, if the development approval—\nwas in effect immediately before the commencement; and\nis for—\noperational work that is high value agriculture clearing or irrigated high value agriculture clearing; or\na material change of use of premises that involves high value agriculture clearing or irrigated high value agriculture clearing.\nIn this section—\ndevelopment approval see the Planning Act 2016 , schedule 2.\nhigh value agriculture clearing means high value agriculture clearing within the meaning of the Vegetation Management Act 1999 immediately before 8 March 2018.\nirrigated high value agriculture clearing means irrigated high value agriculture clearing within the meaning of the Vegetation Management Act 1999 immediately before 8 March 2018.\nmaterial change of use , of premises, see the Planning Act 2016 , schedule 2.\noperational work see the Planning Act 2016 , schedule 2.\npremises see the Planning Act 2016 , schedule 2.\ntransitional period means the period that starts on the commencement and ends 6 months after the commencement.\nSee section 216 in relation to the application of this section.\ns 215 ins 2019 SL No. 234 s 10\namd 2020 SL No. 77 s 4\n(sec.215-ssec.1) Schedule 2, part 2A does not apply during the transitional period.\n(sec.215-ssec.2) Also, after the end of the transitional period, schedule 2, part 2A does not apply to premises to which a development approval attaches, while the development approval is in effect, if the development approval— was in effect immediately before the commencement; and is for— operational work that is high value agriculture clearing or irrigated high value agriculture clearing; or a material change of use of premises that involves high value agriculture clearing or irrigated high value agriculture clearing.\n(sec.215-ssec.3) In this section— development approval see the Planning Act 2016 , schedule 2. high value agriculture clearing means high value agriculture clearing within the meaning of the Vegetation Management Act 1999 immediately before 8 March 2018. irrigated high value agriculture clearing means irrigated high value agriculture clearing within the meaning of the Vegetation Management Act 1999 immediately before 8 March 2018. material change of use , of premises, see the Planning Act 2016 , schedule 2. operational work see the Planning Act 2016 , schedule 2. premises see the Planning Act 2016 , schedule 2. transitional period means the period that starts on the commencement and ends 6 months after the commencement.\n- (a) was in effect immediately before the commencement; and\n- (b) is for— (i) operational work that is high value agriculture clearing or irrigated high value agriculture clearing; or (ii) a material change of use of premises that involves high value agriculture clearing or irrigated high value agriculture clearing.\n- (i) operational work that is high value agriculture clearing or irrigated high value agriculture clearing; or\n- (ii) a material change of use of premises that involves high value agriculture clearing or irrigated high value agriculture clearing.\n- (i) operational work that is high value agriculture clearing or irrigated high value agriculture clearing; or\n- (ii) a material change of use of premises that involves high value agriculture clearing or irrigated high value agriculture clearing.","sortOrder":306},{"sectionNumber":"ch.11-pt.5","sectionType":"part","heading":"Transitional provisions for Environmental Protection (Reef Protection Measures) Amendment Regulation 2020","content":"# Transitional provisions for Environmental Protection (Reef Protection Measures) Amendment Regulation 2020","sortOrder":307},{"sectionNumber":"sec.216","sectionType":"section","heading":"Application of ss 214 and 215","content":"### sec.216 Application of ss 214 and 215\n\nSections 214 and 215 apply as if the transitional period ends on 31 May 2021.\nIn this section—\ntransitional period —\nin relation to section 214, see section 214(2); or\nin relation to section 215, see section 215(3).\ns 216 prev s 216 ins 2019 SL No. 234 s 10\nom 2020 SL No. 77 s 5\npres s 216 ins 2020 SL No. 77 s 6\n(sec.216-ssec.1) Sections 214 and 215 apply as if the transitional period ends on 31 May 2021.\n(sec.216-ssec.2) In this section— transitional period — in relation to section 214, see section 214(2); or in relation to section 215, see section 215(3).\n- (a) in relation to section 214, see section 214(2); or\n- (b) in relation to section 215, see section 215(3).","sortOrder":308},{"sectionNumber":"sec.217","sectionType":"section","heading":"Application of sch 2, pt 2A to activities on particular land","content":"### sec.217 Application of sch 2, pt 2A to activities on particular land\n\nThis section applies in relation to land if—\nthe cultivation of crops or horticulture—\nis carried out on the land, on a commercial basis, at any time between 1 June 2018 and 31 May 2021, both dates inclusive; and\nimmediately before 1 June 2021, is no longer carried out on the land; and\nschedule 2, section 13A(4) does not apply in relation to the land.\nDuring the transitional period, a reference to land in schedule 2, section 13A(1) does not include the land mentioned in subsection (1).\nAn activity mentioned in subsection (1)(a) includes preparatory work for the activity.\nIn this section—\npreparatory work , for an activity, see schedule 2, section 13A(7).\ntransitional period means the period that starts on 1 June 2021 and ends on 31 May 2026.\nThis section replaces previous section 216, which was inserted by the Environmental Protection (Great Barrier Reef Protection Measures) and Other Legislation Amendment Regulation 2019 .\nSee also section 224.\ns 217 ins 2020 SL No. 77 s 6\namd 2021 SL No. 42 s 6\n(sec.217-ssec.1) This section applies in relation to land if— the cultivation of crops or horticulture— is carried out on the land, on a commercial basis, at any time between 1 June 2018 and 31 May 2021, both dates inclusive; and immediately before 1 June 2021, is no longer carried out on the land; and schedule 2, section 13A(4) does not apply in relation to the land.\n(sec.217-ssec.2) During the transitional period, a reference to land in schedule 2, section 13A(1) does not include the land mentioned in subsection (1).\n(sec.217-ssec.3) An activity mentioned in subsection (1)(a) includes preparatory work for the activity.\n(sec.217-ssec.4) In this section— preparatory work , for an activity, see schedule 2, section 13A(7). transitional period means the period that starts on 1 June 2021 and ends on 31 May 2026.\n- (a) the cultivation of crops or horticulture— (i) is carried out on the land, on a commercial basis, at any time between 1 June 2018 and 31 May 2021, both dates inclusive; and (ii) immediately before 1 June 2021, is no longer carried out on the land; and\n- (i) is carried out on the land, on a commercial basis, at any time between 1 June 2018 and 31 May 2021, both dates inclusive; and\n- (ii) immediately before 1 June 2021, is no longer carried out on the land; and\n- (b) schedule 2, section 13A(4) does not apply in relation to the land.\n- (i) is carried out on the land, on a commercial basis, at any time between 1 June 2018 and 31 May 2021, both dates inclusive; and\n- (ii) immediately before 1 June 2021, is no longer carried out on the land; and\n- 1 This section replaces previous section 216, which was inserted by the Environmental Protection (Great Barrier Reef Protection Measures) and Other Legislation Amendment Regulation 2019 .\n- 2 See also section 224.","sortOrder":309},{"sectionNumber":"ch.11-pt.7","sectionType":"part","heading":"Transitional provisions for Environmental Protection (Transhipping Activities) Amendment Regulation 2020","content":"# Transitional provisions for Environmental Protection (Transhipping Activities) Amendment Regulation 2020","sortOrder":310},{"sectionNumber":"sec.219","sectionType":"section","heading":"Definitions for part","content":"### sec.219 Definitions for part\n\nIn this part—\nformer , for a provision of this regulation, means as in force immediately before the commencement.\nmineral and bulk material handling means a prescribed ERA mentioned in new schedule 2, section 50.\nnew , for a provision of this regulation, means as in force on the commencement.\ns 219 ins 2020 SL No. 225 s 6","sortOrder":311},{"sectionNumber":"sec.220","sectionType":"section","heading":"Environmental authorities for mineral and bulk material handling","content":"### sec.220 Environmental authorities for mineral and bulk material handling\n\nThis section applies to a person who immediately before the commencement, held an environmental authority (the existing authority ) to carry out a prescribed ERA mentioned in former schedule 2, section 50.\nFrom the commencement, the person is taken to be the holder of an environmental authority (the replacement authority ) to carry out a prescribed ERA mentioned in new schedule 2, section 50.\nIf the existing authority was subject to a condition, the replacement authority is taken to be subject to the condition.\ns 220 ins 2020 SL No. 225 s 6\n(sec.220-ssec.1) This section applies to a person who immediately before the commencement, held an environmental authority (the existing authority ) to carry out a prescribed ERA mentioned in former schedule 2, section 50.\n(sec.220-ssec.2) From the commencement, the person is taken to be the holder of an environmental authority (the replacement authority ) to carry out a prescribed ERA mentioned in new schedule 2, section 50.\n(sec.220-ssec.3) If the existing authority was subject to a condition, the replacement authority is taken to be subject to the condition.","sortOrder":312},{"sectionNumber":"sec.221","sectionType":"section","heading":"Applications for environmental authorities for mineral and bulk material handling","content":"### sec.221 Applications for environmental authorities for mineral and bulk material handling\n\nThis section applies to an application for an environmental authority to carry out a prescribed ERA mentioned in former schedule 2, section 50 that was made, but not decided, before the commencement.\nNew schedule 2, section 50 applies to the application.\ns 221 ins 2020 SL No. 225 s 6\n(sec.221-ssec.1) This section applies to an application for an environmental authority to carry out a prescribed ERA mentioned in former schedule 2, section 50 that was made, but not decided, before the commencement.\n(sec.221-ssec.2) New schedule 2, section 50 applies to the application.","sortOrder":313},{"sectionNumber":"sec.222","sectionType":"section","heading":"Amendment applications for environmental authorities for mineral and bulk material handling","content":"### sec.222 Amendment applications for environmental authorities for mineral and bulk material handling\n\nThis section applies to an amendment application for an environmental authority to carry out a prescribed ERA mentioned in former schedule 2, section 50 that was made, but not decided, before the commencement.\nNew schedule 2, section 50 applies to the amendment application.\ns 222 ins 2020 SL No. 225 s 6\n(sec.222-ssec.1) This section applies to an amendment application for an environmental authority to carry out a prescribed ERA mentioned in former schedule 2, section 50 that was made, but not decided, before the commencement.\n(sec.222-ssec.2) New schedule 2, section 50 applies to the amendment application.","sortOrder":314},{"sectionNumber":"sec.223","sectionType":"section","heading":"Continuing particular activities related to mineral and bulk material handling","content":"### sec.223 Continuing particular activities related to mineral and bulk material handling\n\nThis section applies to a person if—\nbefore the commencement, the person had carried out an activity that was not a prescribed ERA; and\non the commencement, the activity became a prescribed ERA under new schedule 2, section 50; and\nafter the commencement, the person continues to carry out the activity.\nFor 1 year after the commencement, the activity carried out by the person continues to be an activity that is not a prescribed ERA.\ns 223 ins 2020 SL No. 225 s 6\n(sec.223-ssec.1) This section applies to a person if— before the commencement, the person had carried out an activity that was not a prescribed ERA; and on the commencement, the activity became a prescribed ERA under new schedule 2, section 50; and after the commencement, the person continues to carry out the activity.\n(sec.223-ssec.2) For 1 year after the commencement, the activity carried out by the person continues to be an activity that is not a prescribed ERA.\n- (a) before the commencement, the person had carried out an activity that was not a prescribed ERA; and\n- (b) on the commencement, the activity became a prescribed ERA under new schedule 2, section 50; and\n- (c) after the commencement, the person continues to carry out the activity.","sortOrder":315},{"sectionNumber":"ch.11-pt.8","sectionType":"part","heading":"Transitional provisions for Environmental Protection (Commercial Cropping and Horticulture Activities in Great Barrier Reef Catchment) Amendment Regulation 2021","content":"# Transitional provisions for Environmental Protection (Commercial Cropping and Horticulture Activities in Great Barrier Reef Catchment) Amendment Regulation 2021","sortOrder":316},{"sectionNumber":"sec.224","sectionType":"section","heading":"Disapplication of s 217","content":"### sec.224 Disapplication of s 217\n\nSection 217 does not apply.\ns 224 ins 2021 SL No. 42 s 7","sortOrder":317},{"sectionNumber":"sec.225","sectionType":"section","heading":"Application of sch 2, pt 2A to activities on particular land","content":"### sec.225 Application of sch 2, pt 2A to activities on particular land\n\nThis section applies in relation to land if the cultivation of crops or horticulture was carried out on the land at any time between 1 June 2018 and 31 May 2021, both dates inclusive.\nDuring the transitional period, a reference to uncropped land in schedule 2, section 13A(1) does not include the land mentioned in subsection (1).\nAn activity mentioned in subsection (1) includes preparatory work for the activity.\nIn this section—\npreparatory work , for an activity, see schedule 2, section 13A(6).\ntransitional period means the period that starts on 1 June 2021 and ends on 31 May 2026.\ns 225 ins 2021 SL No. 42 s 7\n(sec.225-ssec.1) This section applies in relation to land if the cultivation of crops or horticulture was carried out on the land at any time between 1 June 2018 and 31 May 2021, both dates inclusive.\n(sec.225-ssec.2) During the transitional period, a reference to uncropped land in schedule 2, section 13A(1) does not include the land mentioned in subsection (1).\n(sec.225-ssec.3) An activity mentioned in subsection (1) includes preparatory work for the activity.\n(sec.225-ssec.4) In this section— preparatory work , for an activity, see schedule 2, section 13A(6). transitional period means the period that starts on 1 June 2021 and ends on 31 May 2026.","sortOrder":318},{"sectionNumber":"ch.11-pt.9","sectionType":"part","heading":"Transitional provision for Environmental Protection (Composting Facilities) Amendment Regulation 2024","content":"# Transitional provision for Environmental Protection (Composting Facilities) Amendment Regulation 2024","sortOrder":319},{"sectionNumber":"sec.226","sectionType":"section","heading":"Regulatory requirement for decision about environmental authority for organic material processing","content":"### sec.226 Regulatory requirement for decision about environmental authority for organic material processing\n\nThis section applies if, before the commencement—\nan application was made for an environmental authority for organic material processing; and\nthe decision stage for the application had started; and\nthe administering authority had not made a decision about the application under chapter 5 , part 5 , division 2 , subdivision 2 of the Act .\nSection 41AC does not apply to the administering authority for deciding the application.\ns 226 ins 2024 SL No. 126 s 10\n(sec.226-ssec.1) This section applies if, before the commencement— an application was made for an environmental authority for organic material processing; and the decision stage for the application had started; and the administering authority had not made a decision about the application under chapter 5 , part 5 , division 2 , subdivision 2 of the Act .\n(sec.226-ssec.2) Section 41AC does not apply to the administering authority for deciding the application.\n- (a) an application was made for an environmental authority for organic material processing; and\n- (b) the decision stage for the application had started; and\n- (c) the administering authority had not made a decision about the application under chapter 5 , part 5 , division 2 , subdivision 2 of the Act .","sortOrder":320},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Aquaculture and intensive animal industry","content":"# Aquaculture and intensive animal industry","sortOrder":321},{"sectionNumber":"sch.2-sec.1","sectionType":"section","heading":"Aquaculture","content":"### sch.2-sec.1 Aquaculture\n\nAquaculture (the relevant activity ) consists of cultivating or holding marine, estuarine or freshwater organisms in an enclosure on land or in waters.\nThe relevant activity does not include cultivating or holding marine, estuarine or freshwater organisms—\nin an aquarium for display purposes only; or\nin an enclosure from which no water, other than uncontaminated stormwater, can be released to waters; or\nif the marine, estuarine or freshwater organisms receive no augmented food supply.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\ncultivating or holding crustaceans in enclosures that are on land and have a total area of—\nmore than 100m 2 but not more than 10ha\n11\nC\nmore than 10ha but not more than 100ha\n21\nC\nmore than 100ha\n34\nC\ncultivating or holding marine, estuarine or freshwater organisms, other than crustaceans, in enclosures that are on land and have a total area of—\nmore than 100m 2 but not more than 10ha\n19\nC\nmore than 10ha but not more than 100ha\n29\nC\nmore than 100ha\n32\nC\ncarrying out the relevant activity in enclosures that are in waters and have a total area of—\nno more than 1ha\n26\nC\nmore than 1ha\n36\nC\nIn this section—\naugmented food supply , for cultivating or holding marine, estuarine or freshwater organisms, means the addition of foods for cultivating or holding the organisms.\nenclosure includes a cage, pond or tank.\nsch 2 s 1 amd 2022 SL No. 37 s 5\n(sch.2-sec.1-ssec.1) Aquaculture (the relevant activity ) consists of cultivating or holding marine, estuarine or freshwater organisms in an enclosure on land or in waters.\n(sch.2-sec.1-ssec.2) The relevant activity does not include cultivating or holding marine, estuarine or freshwater organisms— in an aquarium for display purposes only; or in an enclosure from which no water, other than uncontaminated stormwater, can be released to waters; or if the marine, estuarine or freshwater organisms receive no augmented food supply.\n(sch.2-sec.1-ssec.3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 cultivating or holding crustaceans in enclosures that are on land and have a total area of— more than 100m 2 but not more than 10ha 11 C more than 10ha but not more than 100ha 21 C more than 100ha 34 C cultivating or holding marine, estuarine or freshwater organisms, other than crustaceans, in enclosures that are on land and have a total area of— more than 100m 2 but not more than 10ha 19 C more than 10ha but not more than 100ha 29 C more than 100ha 32 C carrying out the relevant activity in enclosures that are in waters and have a total area of— no more than 1ha 26 C more than 1ha 36 C\n(sch.2-sec.1-ssec.4) In this section— augmented food supply , for cultivating or holding marine, estuarine or freshwater organisms, means the addition of foods for cultivating or holding the organisms. enclosure includes a cage, pond or tank.\n- (a) in an aquarium for display purposes only; or\n- (b) in an enclosure from which no water, other than uncontaminated stormwater, can be released to waters; or\n- (c) if the marine, estuarine or freshwater organisms receive no augmented food supply.","sortOrder":322},{"sectionNumber":"sch.2-sec.2","sectionType":"section","heading":"Intensive animal feedlotting","content":"### sch.2-sec.2 Intensive animal feedlotting\n\nIntensive animal feedlotting (the relevant activity ) consists of keeping more than 150 standard cattle units of cattle or more than 1,000 standard sheep units of sheep in a feedlot.\nThe relevant activity does not include keeping cattle or sheep—\nin a drought-declared area, if the animals are fed no more than their nutritional requirements; or\non a feed pad in a paddock; or\nfor no longer than is reasonably necessary for—\nsale, slaughter or transport; or\nweaning; or\nanimal husbandry; or\nmilking; or\nshearing.\nIn the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\nkeeping the following number of standard cattle units in a feedlot—\nmore than 150 but not more than 1,000\n14\nmore than 1,000 but not more than 10,000\n28\nC\nmore than 10,000\n49\nC\nkeeping the following number of standard sheep units in a feedlot—\nmore than 1,000 but not more than 10,000\n12\nmore than 10,000\n26\nC\nIn this section—\nanimal husbandry includes—\nbranding, dehorning, desexing, treating animals for pests (including preventative treating), vaccinating and veterinary work; and\nmanaging or treating animals as required under a law of the State for public health or safety.\nkeeping animals in an area that has been placed in quarantine\ncattle includes—\nbeef and dairy cattle; and\ncattle of all ages.\ndrought-declared area means an area that is considered to be severely affected by drought, however the relevant criterion is described, for the purpose of eligibility for assistance under a scheme administered by the State or Commonwealth government.\nfeedlot means a confined yard or enclosure that—\ncontains watering and feeding facilities where cattle or sheep are fed entirely by hand or mechanically; and\nis designed, constructed or used in a way that does not allow cattle or sheep in the yard or enclosure to graze.\nsheep includes sheep of all ages.\n(sch.2-sec.2-ssec.1) Intensive animal feedlotting (the relevant activity ) consists of keeping more than 150 standard cattle units of cattle or more than 1,000 standard sheep units of sheep in a feedlot.\n(sch.2-sec.2-ssec.2) The relevant activity does not include keeping cattle or sheep— in a drought-declared area, if the animals are fed no more than their nutritional requirements; or on a feed pad in a paddock; or for no longer than is reasonably necessary for— sale, slaughter or transport; or weaning; or animal husbandry; or milking; or shearing.\n(sch.2-sec.2-ssec.3) In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 keeping the following number of standard cattle units in a feedlot— more than 150 but not more than 1,000 14 more than 1,000 but not more than 10,000 28 C more than 10,000 49 C keeping the following number of standard sheep units in a feedlot— more than 1,000 but not more than 10,000 12 more than 10,000 26 C\n(sch.2-sec.2-ssec.4) In this section— animal husbandry includes— branding, dehorning, desexing, treating animals for pests (including preventative treating), vaccinating and veterinary work; and managing or treating animals as required under a law of the State for public health or safety. keeping animals in an area that has been placed in quarantine cattle includes— beef and dairy cattle; and cattle of all ages. drought-declared area means an area that is considered to be severely affected by drought, however the relevant criterion is described, for the purpose of eligibility for assistance under a scheme administered by the State or Commonwealth government. feedlot means a confined yard or enclosure that— contains watering and feeding facilities where cattle or sheep are fed entirely by hand or mechanically; and is designed, constructed or used in a way that does not allow cattle or sheep in the yard or enclosure to graze. sheep includes sheep of all ages.\n- (a) in a drought-declared area, if the animals are fed no more than their nutritional requirements; or\n- (b) on a feed pad in a paddock; or\n- (c) for no longer than is reasonably necessary for— (i) sale, slaughter or transport; or (ii) weaning; or (iii) animal husbandry; or (iv) milking; or (v) shearing.\n- (i) sale, slaughter or transport; or\n- (ii) weaning; or\n- (iii) animal husbandry; or\n- (iv) milking; or\n- (v) shearing.\n- (i) sale, slaughter or transport; or\n- (ii) weaning; or\n- (iii) animal husbandry; or\n- (iv) milking; or\n- (v) shearing.\n- (a) branding, dehorning, desexing, treating animals for pests (including preventative treating), vaccinating and veterinary work; and\n- (b) managing or treating animals as required under a law of the State for public health or safety. Example— keeping animals in an area that has been placed in quarantine\n- (a) beef and dairy cattle; and\n- (b) cattle of all ages.\n- (a) contains watering and feeding facilities where cattle or sheep are fed entirely by hand or mechanically; and\n- (b) is designed, constructed or used in a way that does not allow cattle or sheep in the yard or enclosure to graze.","sortOrder":323},{"sectionNumber":"sch.2-sec.3","sectionType":"section","heading":"Pig keeping","content":"### sch.2-sec.3 Pig keeping\n\nPig keeping (the relevant activity ) consists of keeping more than 400 standard pig units of pigs.\nThe relevant activity does not include keeping pigs for no longer than is reasonably necessary for sale, slaughter or transport.\nIn the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\nkeeping more than 400 but not more than 3,500 standard pig units\n19\nkeeping more than 3,500 but not more than 8,000 standard pig units\n22\nC\nkeeping more than 8,000 standard pig units\n31\nC\n(sch.2-sec.3-ssec.1) Pig keeping (the relevant activity ) consists of keeping more than 400 standard pig units of pigs.\n(sch.2-sec.3-ssec.2) The relevant activity does not include keeping pigs for no longer than is reasonably necessary for sale, slaughter or transport.\n(sch.2-sec.3-ssec.3) In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 keeping more than 400 but not more than 3,500 standard pig units 19 keeping more than 3,500 but not more than 8,000 standard pig units 22 C keeping more than 8,000 standard pig units 31 C","sortOrder":324},{"sectionNumber":"sch.2-sec.4","sectionType":"section","heading":"Poultry farming","content":"### sch.2-sec.4 Poultry farming\n\nPoultry farming (the relevant activity ) consists of farming a total of more than 1,000 birds for—\nproducing eggs or fertile eggs; or\nrearing hatchlings, starter pullets or layers; or\nrearing birds for meat.\nIn the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\nfarming more than 1,000 but not more than 200,000 birds\nno score\nfarming more than 200,000 birds\n9\nC\nIn this section—\nbirds means any of the following—\nchickens;\nducks;\ngeese;\nguineafowl;\nturkeys.\n(sch.2-sec.4-ssec.1) Poultry farming (the relevant activity ) consists of farming a total of more than 1,000 birds for— producing eggs or fertile eggs; or rearing hatchlings, starter pullets or layers; or rearing birds for meat.\n(sch.2-sec.4-ssec.2) In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 farming more than 1,000 but not more than 200,000 birds no score farming more than 200,000 birds 9 C\n(sch.2-sec.4-ssec.3) In this section— birds means any of the following— chickens; ducks; geese; guineafowl; turkeys.\n- (a) producing eggs or fertile eggs; or\n- (b) rearing hatchlings, starter pullets or layers; or\n- (c) rearing birds for meat.\n- (a) chickens;\n- (b) ducks;\n- (c) geese;\n- (d) guineafowl;\n- (e) turkeys.","sortOrder":325},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Chemical, coal and petroleum products activities","content":"# Chemical, coal and petroleum products activities","sortOrder":326},{"sectionNumber":"sch.2-sec.5","sectionType":"section","heading":"Alcohol production","content":"### sch.2-sec.5 Alcohol production\n\nAlcohol production (the relevant activity ) consists of producing more than 200m 3 of alcohol in a year.\nThe relevant activity does not include production of alcoholic beverages by simple fermentation only.\nmaking beer\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\nproducing more than 200m 3 of alcohol in a year\n48\nC\n(sch.2-sec.5-ssec.1) Alcohol production (the relevant activity ) consists of producing more than 200m 3 of alcohol in a year.\n(sch.2-sec.5-ssec.2) The relevant activity does not include production of alcoholic beverages by simple fermentation only. making beer\n(sch.2-sec.5-ssec.3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 producing more than 200m 3 of alcohol in a year 48 C","sortOrder":327},{"sectionNumber":"sch.2-sec.6","sectionType":"section","heading":"Asphalt manufacturing","content":"### sch.2-sec.6 Asphalt manufacturing\n\nAsphalt manufacturing (the relevant activity ) consists of manufacturing in a year more than 1,000t of asphalt.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\nmanufacturing more than 1,000t of asphalt in a year\n32\nC\n(sch.2-sec.6-ssec.1) Asphalt manufacturing (the relevant activity ) consists of manufacturing in a year more than 1,000t of asphalt.\n(sch.2-sec.6-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 manufacturing more than 1,000t of asphalt in a year 32 C","sortOrder":328},{"sectionNumber":"sch.2-sec.7","sectionType":"section","heading":"Chemical manufacturing","content":"### sch.2-sec.7 Chemical manufacturing\n\nChemical manufacturing (the relevant activity ) consists of any of the following activities—\nmanufacturing a total of 200m 3 or more of coating, food additives, industrial polish, sealant, synthetic dye, pigment, ink, adhesives or paint in a year;\nmanufacturing a total of 200t or more of chemicals, other than chemicals mentioned in paragraph (a) , in a year;\nusing in the manufacturing process a total of 200t or more of chemicals as feedstock in a year.\nThe relevant activity does not include—\nmixing non-combustible or non-flammable chemicals or chemical products that are not dangerous goods by diluting the chemicals or chemical products with water only; or\nblending ethanol with petrol; or\nmanufacturing chemicals for carrying out an activity to which another section applies.\nIn the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\nmanufacturing 200m 3 or more of water based paint in a year\nno score\nmanufacturing, in a year, the following total quantity of coating, food additives, industrial polish, sealant, synthetic dye, pigment, ink, adhesives or paint, other than water based paint—\n200m 3 to 1,000m 3\n10\nC\nmore than 1,000m 3 but not more than 100,000m 3\n19\nC\nmore than 100,000m 3\n37\nC\nmanufacturing, in a year, a total of 200t or more of any of the following—\nsoap, surfactants or cleaning or toiletry products\n39\nagricultural chemical products or chemicals for biological control\n114\nC\nmedicines, pharmaceutical products, poisons or veterinary chemical products\n115\nC\nexplosives\n138\nC\nmanufacturing, in a year, the following quantities of fertiliser—\n200t to 5,000t\n33\nC\nmore than 5,000t\n153\nC\nmanufacturing, in a year, the following quantities of organic chemicals, other than organic chemicals to which items 1 to 4 apply—\n200t to 1,000t\n30\nC\nmore than 1,000t but not more than 10,000t\n66\nC\nmore than 10,000t but not more than 100,000t\n139\nC\nmore than 100,000t\n202\nC\nmanufacturing, in a year, the following quantities of inorganic chemicals, other than inorganic chemicals to which items 1 to 4 apply—\n200t to 1,000t\n56\nC\nmore than 1,000t but not more than 10,000t\n115\nC\nmore than 10,000t but not more than 100,000t\n200\nC\nmore than 100,000t\n268\nC\nIn this section—\nagricultural chemical product means an agricultural chemical product under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth) .\nmanufacturing includes combining, processing and reacting.\npoison means a poison in the ‘Standard for the Uniform Scheduling of Drugs and Poisons’ compiled by the Australian Health Ministers’ Advisory Council and published by the Commonwealth.\nveterinary chemical product means a veterinary chemical product under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth) .\n(sch.2-sec.7-ssec.1) Chemical manufacturing (the relevant activity ) consists of any of the following activities— manufacturing a total of 200m 3 or more of coating, food additives, industrial polish, sealant, synthetic dye, pigment, ink, adhesives or paint in a year; manufacturing a total of 200t or more of chemicals, other than chemicals mentioned in paragraph (a) , in a year; using in the manufacturing process a total of 200t or more of chemicals as feedstock in a year.\n(sch.2-sec.7-ssec.2) The relevant activity does not include— mixing non-combustible or non-flammable chemicals or chemical products that are not dangerous goods by diluting the chemicals or chemical products with water only; or blending ethanol with petrol; or manufacturing chemicals for carrying out an activity to which another section applies.\n(sch.2-sec.7-ssec.3) In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 manufacturing 200m 3 or more of water based paint in a year no score manufacturing, in a year, the following total quantity of coating, food additives, industrial polish, sealant, synthetic dye, pigment, ink, adhesives or paint, other than water based paint— 200m 3 to 1,000m 3 10 C more than 1,000m 3 but not more than 100,000m 3 19 C more than 100,000m 3 37 C manufacturing, in a year, a total of 200t or more of any of the following— soap, surfactants or cleaning or toiletry products 39 agricultural chemical products or chemicals for biological control 114 C medicines, pharmaceutical products, poisons or veterinary chemical products 115 C explosives 138 C manufacturing, in a year, the following quantities of fertiliser— 200t to 5,000t 33 C more than 5,000t 153 C manufacturing, in a year, the following quantities of organic chemicals, other than organic chemicals to which items 1 to 4 apply— 200t to 1,000t 30 C more than 1,000t but not more than 10,000t 66 C more than 10,000t but not more than 100,000t 139 C more than 100,000t 202 C manufacturing, in a year, the following quantities of inorganic chemicals, other than inorganic chemicals to which items 1 to 4 apply— 200t to 1,000t 56 C more than 1,000t but not more than 10,000t 115 C more than 10,000t but not more than 100,000t 200 C more than 100,000t 268 C\n(sch.2-sec.7-ssec.4) In this section— agricultural chemical product means an agricultural chemical product under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth) . manufacturing includes combining, processing and reacting. poison means a poison in the ‘Standard for the Uniform Scheduling of Drugs and Poisons’ compiled by the Australian Health Ministers’ Advisory Council and published by the Commonwealth. veterinary chemical product means a veterinary chemical product under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth) .\n- (a) manufacturing a total of 200m 3 or more of coating, food additives, industrial polish, sealant, synthetic dye, pigment, ink, adhesives or paint in a year;\n- (b) manufacturing a total of 200t or more of chemicals, other than chemicals mentioned in paragraph (a) , in a year;\n- (c) using in the manufacturing process a total of 200t or more of chemicals as feedstock in a year.\n- (a) mixing non-combustible or non-flammable chemicals or chemical products that are not dangerous goods by diluting the chemicals or chemical products with water only; or\n- (b) blending ethanol with petrol; or\n- (c) manufacturing chemicals for carrying out an activity to which another section applies.","sortOrder":329},{"sectionNumber":"sch.2-sec.8","sectionType":"section","heading":"Chemical storage","content":"### sch.2-sec.8 Chemical storage\n\nChemical storage (the relevant activity ) consists of storing—\n50t or more of chemicals of dangerous goods class 1 or class 2, division 2.3 in containers of at least 10m 3 ; or\n50t or more of chemicals of dangerous goods class 6, division 6.1 in containers capable of holding at least 900kg of the chemicals; or\nmore than 500m 3 of chemicals of class C1 or C2 combustible liquids under AS 1940 or dangerous goods class 3; or\nthe following quantities of other chemicals in containers of at least 10m 3 —\n200t or more, if they are solids or gases;\n200m 3 or more, if they are liquids.\nHowever, the relevant activity does not include—\nin-transit storage of chemicals; or\nstoring chemicals for carrying out an activity under section 7 ; or\ntransporting petroleum under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 ; or\nstoring chemicals for carrying out an activity to which section 55 , 57 or 62 applies; or\nstoring chemicals within the threshold stated in subsection (3) , table, items 1, 2, 4 or 5 for carrying out an activity to which section 50 applies.\nIn the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\nstoring a total of 50t or more of chemicals of dangerous goods class 1 or class 2, division 2.3 under subsection (1) (a)\n51\nC\nstoring 50t or more of chemicals of dangerous goods class 6, division 6.1 under subsection (1) (b)\n51\nC\nstoring more than 500m 3 of chemicals of class C1 or C2 combustible liquids under AS 1940 or dangerous goods class 3 under subsection (1) (c)\n85\nC\nstoring 200t or more of chemicals that are solids or gases, other than chemicals mentioned in items 1 to 3, under subsection (1) (d)\n31\nC\nstoring 200m 3 or more of chemicals that are liquids, other than chemicals mentioned in items 1 to 3, under subsection (1) (d)\n31\nC\nIn this section—\ncontainer includes a package or tank.\nin-transit storage , of chemicals, means storage of the chemicals in a container for no more than 5 days at a place, if, during the storage—\nthe container holding the chemicals is not opened; and\nthe chemicals are neither used, nor intended to be used.\ncontainers of chemicals being transported or awaiting transport or collection because of unavoidable delay\nsch 2 s 8 amd 2020 SL No. 225 s 7 (1)\n(sch.2-sec.8-ssec.1) Chemical storage (the relevant activity ) consists of storing— 50t or more of chemicals of dangerous goods class 1 or class 2, division 2.3 in containers of at least 10m 3 ; or 50t or more of chemicals of dangerous goods class 6, division 6.1 in containers capable of holding at least 900kg of the chemicals; or more than 500m 3 of chemicals of class C1 or C2 combustible liquids under AS 1940 or dangerous goods class 3; or the following quantities of other chemicals in containers of at least 10m 3 — 200t or more, if they are solids or gases; 200m 3 or more, if they are liquids.\n(sch.2-sec.8-ssec.2) However, the relevant activity does not include— in-transit storage of chemicals; or storing chemicals for carrying out an activity under section 7 ; or transporting petroleum under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 ; or storing chemicals for carrying out an activity to which section 55 , 57 or 62 applies; or storing chemicals within the threshold stated in subsection (3) , table, items 1, 2, 4 or 5 for carrying out an activity to which section 50 applies.\n(sch.2-sec.8-ssec.3) In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 storing a total of 50t or more of chemicals of dangerous goods class 1 or class 2, division 2.3 under subsection (1) (a) 51 C storing 50t or more of chemicals of dangerous goods class 6, division 6.1 under subsection (1) (b) 51 C storing more than 500m 3 of chemicals of class C1 or C2 combustible liquids under AS 1940 or dangerous goods class 3 under subsection (1) (c) 85 C storing 200t or more of chemicals that are solids or gases, other than chemicals mentioned in items 1 to 3, under subsection (1) (d) 31 C storing 200m 3 or more of chemicals that are liquids, other than chemicals mentioned in items 1 to 3, under subsection (1) (d) 31 C\n(sch.2-sec.8-ssec.4) In this section— container includes a package or tank. in-transit storage , of chemicals, means storage of the chemicals in a container for no more than 5 days at a place, if, during the storage— the container holding the chemicals is not opened; and the chemicals are neither used, nor intended to be used. containers of chemicals being transported or awaiting transport or collection because of unavoidable delay\n- (a) 50t or more of chemicals of dangerous goods class 1 or class 2, division 2.3 in containers of at least 10m 3 ; or\n- (b) 50t or more of chemicals of dangerous goods class 6, division 6.1 in containers capable of holding at least 900kg of the chemicals; or\n- (c) more than 500m 3 of chemicals of class C1 or C2 combustible liquids under AS 1940 or dangerous goods class 3; or\n- (d) the following quantities of other chemicals in containers of at least 10m 3 — (i) 200t or more, if they are solids or gases; (ii) 200m 3 or more, if they are liquids.\n- (i) 200t or more, if they are solids or gases;\n- (ii) 200m 3 or more, if they are liquids.\n- (i) 200t or more, if they are solids or gases;\n- (ii) 200m 3 or more, if they are liquids.\n- (a) in-transit storage of chemicals; or\n- (b) storing chemicals for carrying out an activity under section 7 ; or\n- (c) transporting petroleum under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 ; or\n- (d) storing chemicals for carrying out an activity to which section 55 , 57 or 62 applies; or\n- (e) storing chemicals within the threshold stated in subsection (3) , table, items 1, 2, 4 or 5 for carrying out an activity to which section 50 applies.\n- (a) the container holding the chemicals is not opened; and\n- (b) the chemicals are neither used, nor intended to be used.","sortOrder":330},{"sectionNumber":"sch.2-sec.9","sectionType":"section","heading":"Hydrocarbon gas refining","content":"### sch.2-sec.9 Hydrocarbon gas refining\n\nHydrocarbon gas refining (the relevant activity ) consists of refining natural gas or coal seam methane gas.\nThe relevant activity does not include—\ncollecting gas from sewage treatment works or from decomposition of organic waste in landfills associated with carrying out a relevant waste management activity; or\ncollecting naturally occurring gas from coal seams if the collection is authorised under an environmental authority for a resource activity; or\nreforming or synthesising gas.\nIn the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\nrefining in a year—\nless than 200,000,000m 3 of natural gas\nno score\nC\n200,000,000m 3 or more of natural gas\n19\nC\ncoal seam gas\n64\nC\nIn this section—\nrelevant waste management activity means an activity to which section 55 , 60 or 62 applies.\n(sch.2-sec.9-ssec.1) Hydrocarbon gas refining (the relevant activity ) consists of refining natural gas or coal seam methane gas.\n(sch.2-sec.9-ssec.2) The relevant activity does not include— collecting gas from sewage treatment works or from decomposition of organic waste in landfills associated with carrying out a relevant waste management activity; or collecting naturally occurring gas from coal seams if the collection is authorised under an environmental authority for a resource activity; or reforming or synthesising gas.\n(sch.2-sec.9-ssec.3) In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 refining in a year— less than 200,000,000m 3 of natural gas no score C 200,000,000m 3 or more of natural gas 19 C coal seam gas 64 C\n(sch.2-sec.9-ssec.4) In this section— relevant waste management activity means an activity to which section 55 , 60 or 62 applies.\n- (a) collecting gas from sewage treatment works or from decomposition of organic waste in landfills associated with carrying out a relevant waste management activity; or\n- (b) collecting naturally occurring gas from coal seams if the collection is authorised under an environmental authority for a resource activity; or\n- (c) reforming or synthesising gas.","sortOrder":331},{"sectionNumber":"sch.2-sec.10","sectionType":"section","heading":"Gas producing","content":"### sch.2-sec.10 Gas producing\n\nGas producing (the relevant activity ) consists of manufacturing, processing or reforming 200t or more of hydrocarbon gas in a year.\nThe relevant activity does not include—\ncollecting gas from sewage treatment works or from decomposition of organic waste in landfills associated with carrying out a relevant waste management activity; or\ncollecting gas from naturally occurring hydrocarbon deposits or coal seams.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\nmanufacturing, processing or reforming 200t or more of hydrocarbon gas in a year\n64\nC\nIn this section—\nrelevant waste management activity means an activity to which section 55 , 60 or 62 applies.\n(sch.2-sec.10-ssec.1) Gas producing (the relevant activity ) consists of manufacturing, processing or reforming 200t or more of hydrocarbon gas in a year.\n(sch.2-sec.10-ssec.2) The relevant activity does not include— collecting gas from sewage treatment works or from decomposition of organic waste in landfills associated with carrying out a relevant waste management activity; or collecting gas from naturally occurring hydrocarbon deposits or coal seams.\n(sch.2-sec.10-ssec.3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 manufacturing, processing or reforming 200t or more of hydrocarbon gas in a year 64 C\n(sch.2-sec.10-ssec.4) In this section— relevant waste management activity means an activity to which section 55 , 60 or 62 applies.\n- (a) collecting gas from sewage treatment works or from decomposition of organic waste in landfills associated with carrying out a relevant waste management activity; or\n- (b) collecting gas from naturally occurring hydrocarbon deposits or coal seams.","sortOrder":332},{"sectionNumber":"sch.2-sec.11","sectionType":"section","heading":"Oil refining or processing","content":"### sch.2-sec.11 Oil refining or processing\n\nOil refining or processing (the relevant activity ) consists of refining or processing crude oil or shale oil.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\nrefining or processing, in a year, the following quantity of crude or shale oil—\nless than 500m 3\n146\nC\n500m 3 to 150,000m 3\n186\nC\nmore than 150,000m 3\n237\nC\n(sch.2-sec.11-ssec.1) Oil refining or processing (the relevant activity ) consists of refining or processing crude oil or shale oil.\n(sch.2-sec.11-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 refining or processing, in a year, the following quantity of crude or shale oil— less than 500m 3 146 C 500m 3 to 150,000m 3 186 C more than 150,000m 3 237 C","sortOrder":333},{"sectionNumber":"sch.2-sec.12","sectionType":"section","heading":"Plastic product manufacturing","content":"### sch.2-sec.12 Plastic product manufacturing\n\nPlastic product manufacturing (the relevant activity ) consists of—\nmanufacturing, in a year, a total of 50t or more of plastic products, other than a plastic product mentioned in paragraph (b) ; or\nmanufacturing, in a year, a total of 5t or more of foam, composite plastics or rigid fibre-reinforced plastics.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\nmanufacturing, in a year, a total of 50t or more of plastic product, other than a plastic product mentioned in item 2\n28\nC\nmanufacturing, in a year, a total of 5t or more of foam, composite plastics or rigid fibre-reinforced plastics\n54\nC\n(sch.2-sec.12-ssec.1) Plastic product manufacturing (the relevant activity ) consists of— manufacturing, in a year, a total of 50t or more of plastic products, other than a plastic product mentioned in paragraph (b) ; or manufacturing, in a year, a total of 5t or more of foam, composite plastics or rigid fibre-reinforced plastics.\n(sch.2-sec.12-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 manufacturing, in a year, a total of 50t or more of plastic product, other than a plastic product mentioned in item 2 28 C manufacturing, in a year, a total of 5t or more of foam, composite plastics or rigid fibre-reinforced plastics 54 C\n- (a) manufacturing, in a year, a total of 50t or more of plastic products, other than a plastic product mentioned in paragraph (b) ; or\n- (b) manufacturing, in a year, a total of 5t or more of foam, composite plastics or rigid fibre-reinforced plastics.","sortOrder":334},{"sectionNumber":"sch.2-sec.13","sectionType":"section","heading":"Tyre manufacturing or retreading","content":"### sch.2-sec.13 Tyre manufacturing or retreading\n\nTyre manufacturing and retreading (the relevant activity ) consists of either or both of the following—\nmanufacturing tyres;\nretreading tyres.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\nmanufacturing tyres\n36\nC\nretreading tyres\n17\n(sch.2-sec.13-ssec.1) Tyre manufacturing and retreading (the relevant activity ) consists of either or both of the following— manufacturing tyres; retreading tyres.\n(sch.2-sec.13-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 manufacturing tyres 36 C retreading tyres 17\n- (a) manufacturing tyres;\n- (b) retreading tyres.","sortOrder":335},{"sectionNumber":"sch.2-pt.2A","sectionType":"part","heading":"Cropping and horticulture activities","content":"# Cropping and horticulture activities","sortOrder":336},{"sectionNumber":"sch.2-sec.13A","sectionType":"section","heading":"Commercial cropping and horticulture in Great Barrier Reef catchment","content":"### sch.2-sec.13A Commercial cropping and horticulture in Great Barrier Reef catchment\n\nCommercial cropping and horticulture (the relevant activity ) consists of the cultivation of 1 or more crops or horticulture carried out—\non at least 5ha of uncropped land—\nin a particular river basin; and\nwhether or not the land is contiguous; and\non a commercial basis.\nThe relevant activity includes preparatory work for the crop cultivation or horticulture.\nFor subsection (1) (a) , land is uncropped land unless—\nthe land was used to carry out the cultivation of crops, or horticulture, during at least 3 different calendar years, whether or not the calendar years are consecutive, that started and ended within 10 years before the relevant activity starts on the land; and\nthe cultivation of crops, or horticulture, mentioned in paragraph (a) was not carried out under an environmental authority for a prescribed ERA under this section.\nAlso, the relevant activity does not include—\ncrop cultivation or horticulture using a closed system that prevents fine sediment, or dissolved inorganic nitrogen, from being released on to land, or into water, in the Great Barrier Reef catchment; or\nhydroponics where water is recycled on site\nthe cultivation of trees in the following areas—\na State forest, timber reserve or forest consent area within the meaning of the Forestry Act 1959 ; or\na forest entitlement area within the meaning of the Land Act 1994 ; or\na forest practice within the meaning of the Vegetation Management Act 1999 ; or\npreparatory work for an activity mentioned in paragraph (a) , (b) or (c) .\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\ncarrying out the relevant activity\nno score\nIn this section—\nbuilding work see the Planning Act 2016 , schedule 2 .\ndrainage work see the Plumbing and Drainage Act 2018 , schedule 1 .\nplumbing work see the Plumbing and Drainage Act 2018 , schedule 1 .\npreparatory work , for an activity, means work, other than building work, plumbing work or drainage work, carried out to prepare land for the activity, including, for example—\nexcavating or filling the land; or\nclearing or destroying vegetation on the land; or\nploughing the land, or otherwise preparing soil on the land for planting; or\nother work in, on, over or under the land that materially affects the land or its use.\nsch 2 s 13A ins 2019 SL No. 234 s 11 (2)\namd 2021 SL No. 42 s 8\n(sch.2-sec.13A-ssec.1) Commercial cropping and horticulture (the relevant activity ) consists of the cultivation of 1 or more crops or horticulture carried out— on at least 5ha of uncropped land— in a particular river basin; and whether or not the land is contiguous; and on a commercial basis.\n(sch.2-sec.13A-ssec.2) The relevant activity includes preparatory work for the crop cultivation or horticulture.\n(sch.2-sec.13A-ssec.3) For subsection (1) (a) , land is uncropped land unless— the land was used to carry out the cultivation of crops, or horticulture, during at least 3 different calendar years, whether or not the calendar years are consecutive, that started and ended within 10 years before the relevant activity starts on the land; and the cultivation of crops, or horticulture, mentioned in paragraph (a) was not carried out under an environmental authority for a prescribed ERA under this section.\n(sch.2-sec.13A-ssec.4) Also, the relevant activity does not include— crop cultivation or horticulture using a closed system that prevents fine sediment, or dissolved inorganic nitrogen, from being released on to land, or into water, in the Great Barrier Reef catchment; or hydroponics where water is recycled on site the cultivation of trees in the following areas— a State forest, timber reserve or forest consent area within the meaning of the Forestry Act 1959 ; or a forest entitlement area within the meaning of the Land Act 1994 ; or a forest practice within the meaning of the Vegetation Management Act 1999 ; or preparatory work for an activity mentioned in paragraph (a) , (b) or (c) .\n(sch.2-sec.13A-ssec.5) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 carrying out the relevant activity no score\n(sch.2-sec.13A-ssec.6) In this section— building work see the Planning Act 2016 , schedule 2 . drainage work see the Plumbing and Drainage Act 2018 , schedule 1 . plumbing work see the Plumbing and Drainage Act 2018 , schedule 1 . preparatory work , for an activity, means work, other than building work, plumbing work or drainage work, carried out to prepare land for the activity, including, for example— excavating or filling the land; or clearing or destroying vegetation on the land; or ploughing the land, or otherwise preparing soil on the land for planting; or other work in, on, over or under the land that materially affects the land or its use.\n- (a) on at least 5ha of uncropped land— (i) in a particular river basin; and (ii) whether or not the land is contiguous; and\n- (i) in a particular river basin; and\n- (ii) whether or not the land is contiguous; and\n- (b) on a commercial basis.\n- (i) in a particular river basin; and\n- (ii) whether or not the land is contiguous; and\n- (a) the land was used to carry out the cultivation of crops, or horticulture, during at least 3 different calendar years, whether or not the calendar years are consecutive, that started and ended within 10 years before the relevant activity starts on the land; and\n- (b) the cultivation of crops, or horticulture, mentioned in paragraph (a) was not carried out under an environmental authority for a prescribed ERA under this section.\n- (a) crop cultivation or horticulture using a closed system that prevents fine sediment, or dissolved inorganic nitrogen, from being released on to land, or into water, in the Great Barrier Reef catchment; or Example— hydroponics where water is recycled on site\n- (b) the cultivation of trees in the following areas— (i) a State forest, timber reserve or forest consent area within the meaning of the Forestry Act 1959 ; or (ii) a forest entitlement area within the meaning of the Land Act 1994 ; or\n- (i) a State forest, timber reserve or forest consent area within the meaning of the Forestry Act 1959 ; or\n- (ii) a forest entitlement area within the meaning of the Land Act 1994 ; or\n- (c) a forest practice within the meaning of the Vegetation Management Act 1999 ; or\n- (d) preparatory work for an activity mentioned in paragraph (a) , (b) or (c) .\n- (i) a State forest, timber reserve or forest consent area within the meaning of the Forestry Act 1959 ; or\n- (ii) a forest entitlement area within the meaning of the Land Act 1994 ; or\n- (a) excavating or filling the land; or\n- (b) clearing or destroying vegetation on the land; or\n- (c) ploughing the land, or otherwise preparing soil on the land for planting; or\n- (d) other work in, on, over or under the land that materially affects the land or its use.","sortOrder":337},{"sectionNumber":"sch.2-pt.3","sectionType":"part","heading":"Energy related services","content":"# Energy related services","sortOrder":338},{"sectionNumber":"sch.2-sec.14","sectionType":"section","heading":"Electricity generation","content":"### sch.2-sec.14 Electricity generation\n\nElectricity generation (the relevant activity ) consists of generating electricity by using fuel at a rated capacity of 10MW electrical or more.\nThe relevant activity does not include co-generating electricity in association with carrying out another environmentally relevant activity.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\ngenerating electricity by using gas at a rated capacity of 10MW electrical or more\n72\nC\ngenerating electricity by using a fuel, other than gas, at a rated capacity of—\n10MW electrical to 150MW electrical\n76\nC\nmore than 150MW electrical\n151\nC\nIn this section—\nco-generating means using a fuel to simultaneously produce heat and electrical energy.\n(sch.2-sec.14-ssec.1) Electricity generation (the relevant activity ) consists of generating electricity by using fuel at a rated capacity of 10MW electrical or more.\n(sch.2-sec.14-ssec.2) The relevant activity does not include co-generating electricity in association with carrying out another environmentally relevant activity.\n(sch.2-sec.14-ssec.3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 generating electricity by using gas at a rated capacity of 10MW electrical or more 72 C generating electricity by using a fuel, other than gas, at a rated capacity of— 10MW electrical to 150MW electrical 76 C more than 150MW electrical 151 C\n(sch.2-sec.14-ssec.4) In this section— co-generating means using a fuel to simultaneously produce heat and electrical energy.","sortOrder":339},{"sectionNumber":"sch.2-sec.15","sectionType":"section","heading":"Fuel burning","content":"### sch.2-sec.15 Fuel burning\n\nFuel burning (the relevant activity ) consists of using fuel burning equipment that is capable of burning at least 500kg of fuel in an hour.\nThe relevant activity does not include burning fuel for—\ncarrying out an activity to which another section applies; or\noperating a stand-by generator for fewer than 200 hours in a year; or\noperating mobile equipment to respond, or for training to respond, to an emergency.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\nusing fuel burning equipment that is capable of burning at least 500kg of fuel in an hour\n35\nC\n(sch.2-sec.15-ssec.1) Fuel burning (the relevant activity ) consists of using fuel burning equipment that is capable of burning at least 500kg of fuel in an hour.\n(sch.2-sec.15-ssec.2) The relevant activity does not include burning fuel for— carrying out an activity to which another section applies; or operating a stand-by generator for fewer than 200 hours in a year; or operating mobile equipment to respond, or for training to respond, to an emergency.\n(sch.2-sec.15-ssec.3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 using fuel burning equipment that is capable of burning at least 500kg of fuel in an hour 35 C\n- (a) carrying out an activity to which another section applies; or\n- (b) operating a stand-by generator for fewer than 200 hours in a year; or\n- (c) operating mobile equipment to respond, or for training to respond, to an emergency.","sortOrder":340},{"sectionNumber":"sch.2-pt.4","sectionType":"part","heading":"Extractive activities","content":"# Extractive activities","sortOrder":341},{"sectionNumber":"sch.2-sec.16","sectionType":"section","heading":"Extractive and screening activities","content":"### sch.2-sec.16 Extractive and screening activities\n\nExtractive and screening activities (the relevant activity ) consists of any of the following—\ndredging a total of 1,000t or more of material from the bed of naturally occurring surface waters, in a year;\nextracting, other than by dredging, a total of 5,000t or more of material, in a year, from an area;\nextracting material for excavating a bund between existing waters and an artificial waterway being constructed on dry land\nextracting virgin rock from a quarry\nextracting rock, that has been previously broken, from a stockpile on the site from which the rock was originally extracted\nscreening 5,000t or more of material, in a year.\nThe relevant activity does not include—\nextracting material under an environmental authority for a resource activity; or\nextracting material from a road if—\nthe material is to be used for constructing or maintaining a road; and\nthe surface area from which the material is extracted is less than 10,000m 2 ; or\nextracting material from a place for constructing a road or railway at the place; or\ncutting and filling land for constructing a road or railway\nextracting material for constructing a tunnel for a road or railway\nextracting material from a place, other than by dredging, for constructing the foundations of a building at the place; or\nextracting material for reshaping land if—\nreshaping the land does not involve blasting; and\nthe material is not removed from the site from which it is extracted; or\ncutting and filling land for creating building lots\nscreening material on the site from which it has been extracted in the course of carrying out an activity mentioned in paragraphs (a) to (e).\nAlso, the relevant activity does not include—\nextracting, other than by dredging, a total of 10,000t or less of material, in a year, from an area if—\nthe material is quarry material extracted by, or for, 1 or more regional local governments; and\nthe material is reasonably necessary for each regional local government to perform its responsibilities under the Local Government Act 2009 or Transport Infrastructure Act 1994 , chapter 6 in relation to providing roads or infrastructure; and\nthe material is the absolute property of the Crown under the Forestry Act 1959 ; or\nUnder the Forestry Act 1959 , an authority may be required to get quarry material.\nscreening material on the site from which it has been extracted in the course of carrying out the extraction mentioned in paragraph (a) .\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\ndredging, in a year, the following quantity of material—\n1,000t to 10,000t\n11\nC\nmore than 10,000t but not more than 100,000t\n25\nC\nmore than 100,000t but not more than 1,000,000t\n44\nC\nmore than 1,000,000t\n66\nC\nextracting, other than by dredging, in a year, the following quantity of material—\n5,000t to 100,000t\n22\nmore than 100,000t but not more than 1,000,000t\n39\nC\nmore than 1,000,000t\n57\nC\nscreening, in a year, the following quantity of material—\n5,000t to 100,000t\n13\nmore than 100,000t but not more than 1,000,000t\n29\nmore than 1,000,000t\n47\nIn this section—\nmaterial includes clay, gravel, loam, rock, sand and other substances found in the earth.\nquarry material see the Forestry Act 1959 , schedule 3 .\nregional local government means a local government other than any of the following local governments—\nBrisbane City Council;\nGold Coast City Council;\nIpswich City Council;\nLogan City Council;\nMoreton Bay City Council;\nNoosa Shire Council;\nRedland City Council;\nSunshine Coast Regional Council.\nroad see the Land Act 1994 , section 93 .\nscreening includes washing, crushing, grinding, milling, sizing or separating material.\nsch 2 s 16 amd 2025 SL No. 93 s 3\n(sch.2-sec.16-ssec.1) Extractive and screening activities (the relevant activity ) consists of any of the following— dredging a total of 1,000t or more of material from the bed of naturally occurring surface waters, in a year; extracting, other than by dredging, a total of 5,000t or more of material, in a year, from an area; extracting material for excavating a bund between existing waters and an artificial waterway being constructed on dry land extracting virgin rock from a quarry extracting rock, that has been previously broken, from a stockpile on the site from which the rock was originally extracted screening 5,000t or more of material, in a year.\n(sch.2-sec.16-ssec.2) The relevant activity does not include— extracting material under an environmental authority for a resource activity; or extracting material from a road if— the material is to be used for constructing or maintaining a road; and the surface area from which the material is extracted is less than 10,000m 2 ; or extracting material from a place for constructing a road or railway at the place; or cutting and filling land for constructing a road or railway extracting material for constructing a tunnel for a road or railway extracting material from a place, other than by dredging, for constructing the foundations of a building at the place; or extracting material for reshaping land if— reshaping the land does not involve blasting; and the material is not removed from the site from which it is extracted; or cutting and filling land for creating building lots screening material on the site from which it has been extracted in the course of carrying out an activity mentioned in paragraphs (a) to (e).\n(sch.2-sec.16-ssec.3) Also, the relevant activity does not include— extracting, other than by dredging, a total of 10,000t or less of material, in a year, from an area if— the material is quarry material extracted by, or for, 1 or more regional local governments; and the material is reasonably necessary for each regional local government to perform its responsibilities under the Local Government Act 2009 or Transport Infrastructure Act 1994 , chapter 6 in relation to providing roads or infrastructure; and the material is the absolute property of the Crown under the Forestry Act 1959 ; or Under the Forestry Act 1959 , an authority may be required to get quarry material. screening material on the site from which it has been extracted in the course of carrying out the extraction mentioned in paragraph (a) .\n(sch.2-sec.16-ssec.4) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 dredging, in a year, the following quantity of material— 1,000t to 10,000t 11 C more than 10,000t but not more than 100,000t 25 C more than 100,000t but not more than 1,000,000t 44 C more than 1,000,000t 66 C extracting, other than by dredging, in a year, the following quantity of material— 5,000t to 100,000t 22 more than 100,000t but not more than 1,000,000t 39 C more than 1,000,000t 57 C screening, in a year, the following quantity of material— 5,000t to 100,000t 13 more than 100,000t but not more than 1,000,000t 29 more than 1,000,000t 47\n(sch.2-sec.16-ssec.5) In this section— material includes clay, gravel, loam, rock, sand and other substances found in the earth. quarry material see the Forestry Act 1959 , schedule 3 . regional local government means a local government other than any of the following local governments— Brisbane City Council; Gold Coast City Council; Ipswich City Council; Logan City Council; Moreton Bay City Council; Noosa Shire Council; Redland City Council; Sunshine Coast Regional Council. road see the Land Act 1994 , section 93 . screening includes washing, crushing, grinding, milling, sizing or separating material.\n- (a) dredging a total of 1,000t or more of material from the bed of naturally occurring surface waters, in a year;\n- (b) extracting, other than by dredging, a total of 5,000t or more of material, in a year, from an area; Examples— • extracting material for excavating a bund between existing waters and an artificial waterway being constructed on dry land • extracting virgin rock from a quarry • extracting rock, that has been previously broken, from a stockpile on the site from which the rock was originally extracted\n- • extracting material for excavating a bund between existing waters and an artificial waterway being constructed on dry land\n- • extracting virgin rock from a quarry\n- • extracting rock, that has been previously broken, from a stockpile on the site from which the rock was originally extracted\n- (c) screening 5,000t or more of material, in a year.\n- • extracting material for excavating a bund between existing waters and an artificial waterway being constructed on dry land\n- • extracting virgin rock from a quarry\n- • extracting rock, that has been previously broken, from a stockpile on the site from which the rock was originally extracted\n- (a) extracting material under an environmental authority for a resource activity; or\n- (b) extracting material from a road if— (i) the material is to be used for constructing or maintaining a road; and (ii) the surface area from which the material is extracted is less than 10,000m 2 ; or\n- (i) the material is to be used for constructing or maintaining a road; and\n- (ii) the surface area from which the material is extracted is less than 10,000m 2 ; or\n- (c) extracting material from a place for constructing a road or railway at the place; or Examples— • cutting and filling land for constructing a road or railway • extracting material for constructing a tunnel for a road or railway\n- • cutting and filling land for constructing a road or railway\n- • extracting material for constructing a tunnel for a road or railway\n- (d) extracting material from a place, other than by dredging, for constructing the foundations of a building at the place; or\n- (e) extracting material for reshaping land if— (i) reshaping the land does not involve blasting; and (ii) the material is not removed from the site from which it is extracted; or Example— cutting and filling land for creating building lots\n- (i) reshaping the land does not involve blasting; and\n- (ii) the material is not removed from the site from which it is extracted; or\n- (f) screening material on the site from which it has been extracted in the course of carrying out an activity mentioned in paragraphs (a) to (e).\n- (i) the material is to be used for constructing or maintaining a road; and\n- (ii) the surface area from which the material is extracted is less than 10,000m 2 ; or\n- • cutting and filling land for constructing a road or railway\n- • extracting material for constructing a tunnel for a road or railway\n- (i) reshaping the land does not involve blasting; and\n- (ii) the material is not removed from the site from which it is extracted; or\n- (a) extracting, other than by dredging, a total of 10,000t or less of material, in a year, from an area if— (i) the material is quarry material extracted by, or for, 1 or more regional local governments; and (ii) the material is reasonably necessary for each regional local government to perform its responsibilities under the Local Government Act 2009 or Transport Infrastructure Act 1994 , chapter 6 in relation to providing roads or infrastructure; and (iii) the material is the absolute property of the Crown under the Forestry Act 1959 ; or Note— Under the Forestry Act 1959 , an authority may be required to get quarry material.\n- (i) the material is quarry material extracted by, or for, 1 or more regional local governments; and\n- (ii) the material is reasonably necessary for each regional local government to perform its responsibilities under the Local Government Act 2009 or Transport Infrastructure Act 1994 , chapter 6 in relation to providing roads or infrastructure; and\n- (iii) the material is the absolute property of the Crown under the Forestry Act 1959 ; or Note— Under the Forestry Act 1959 , an authority may be required to get quarry material.\n- (b) screening material on the site from which it has been extracted in the course of carrying out the extraction mentioned in paragraph (a) .\n- (i) the material is quarry material extracted by, or for, 1 or more regional local governments; and\n- (ii) the material is reasonably necessary for each regional local government to perform its responsibilities under the Local Government Act 2009 or Transport Infrastructure Act 1994 , chapter 6 in relation to providing roads or infrastructure; and\n- (iii) the material is the absolute property of the Crown under the Forestry Act 1959 ; or Note— Under the Forestry Act 1959 , an authority may be required to get quarry material.\n- (a) Brisbane City Council;\n- (b) Gold Coast City Council;\n- (c) Ipswich City Council;\n- (d) Logan City Council;\n- (e) Moreton Bay City Council;\n- (f) Noosa Shire Council;\n- (g) Redland City Council;\n- (h) Sunshine Coast Regional Council.","sortOrder":342},{"sectionNumber":"sch.2-sec.17","sectionType":"section","heading":"Section 17 not used","content":"### sch.2-sec.17 Section 17 not used\n\nSee editor’s note for this schedule.","sortOrder":343},{"sectionNumber":"sch.2-sec.18","sectionType":"section","heading":"Section 18 not used","content":"### sch.2-sec.18 Section 18 not used\n\nSee editor’s note for this schedule.","sortOrder":344},{"sectionNumber":"sch.2-pt.5","sectionType":"part","heading":"Fabricated metal product activities","content":"# Fabricated metal product activities","sortOrder":345},{"sectionNumber":"sch.2-sec.19","sectionType":"section","heading":"Metal forming","content":"### sch.2-sec.19 Metal forming\n\nMetal hot forming consists of hot forming a total of 10,000t or more of metal in a year.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\nhot forming a total of 10,000t or more of metal in a year\nno score\nC\nIn this section—\nhot forming , in relation to metal, includes to heat the metal and—\npress, forge, extend, extrude or roll metal; or\nform metal into plate, wire or rods; or\nfabricate metal into sheets.\n(sch.2-sec.19-ssec.1) Metal hot forming consists of hot forming a total of 10,000t or more of metal in a year.\n(sch.2-sec.19-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 hot forming a total of 10,000t or more of metal in a year no score C\n(sch.2-sec.19-ssec.3) In this section— hot forming , in relation to metal, includes to heat the metal and— press, forge, extend, extrude or roll metal; or form metal into plate, wire or rods; or fabricate metal into sheets.\n- (a) press, forge, extend, extrude or roll metal; or\n- (b) form metal into plate, wire or rods; or\n- (c) fabricate metal into sheets.","sortOrder":346},{"sectionNumber":"sch.2-sec.20","sectionType":"section","heading":"Section 20 not used","content":"### sch.2-sec.20 Section 20 not used\n\nSee editor’s note for this schedule.","sortOrder":347},{"sectionNumber":"sch.2-sec.21","sectionType":"section","heading":"Section 21 not used","content":"### sch.2-sec.21 Section 21 not used\n\nSee editor’s note for this schedule.","sortOrder":348},{"sectionNumber":"sch.2-pt.6","sectionType":"part","heading":"Food processing","content":"# Food processing","sortOrder":349},{"sectionNumber":"sch.2-sec.22","sectionType":"section","heading":"Beverage production","content":"### sch.2-sec.22 Beverage production\n\nBeverage production (the relevant activity ) consists of producing 1ML or more of beverages in a year.\nThe relevant activity does not include—\nproducing beverages for carrying out an activity to which section 5 applies; or\nproducing non-alcoholic beverages if the production does not allow for the release of waste to waters; or\nbottling water.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\nproducing, in a year, the following quantity of non-alcoholic beverages—\n1ML to 10ML\n19\nmore than 10ML\n32\nproducing 1ML or more of alcoholic beverages in a year\n55\n(sch.2-sec.22-ssec.1) Beverage production (the relevant activity ) consists of producing 1ML or more of beverages in a year.\n(sch.2-sec.22-ssec.2) The relevant activity does not include— producing beverages for carrying out an activity to which section 5 applies; or producing non-alcoholic beverages if the production does not allow for the release of waste to waters; or bottling water.\n(sch.2-sec.22-ssec.3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score producing, in a year, the following quantity of non-alcoholic beverages— 1ML to 10ML 19 more than 10ML 32 producing 1ML or more of alcoholic beverages in a year 55\n- (a) producing beverages for carrying out an activity to which section 5 applies; or\n- (b) producing non-alcoholic beverages if the production does not allow for the release of waste to waters; or\n- (c) bottling water.","sortOrder":350},{"sectionNumber":"sch.2-sec.23","sectionType":"section","heading":"Bottling and canning","content":"### sch.2-sec.23 Bottling and canning\n\nBottling and canning (the relevant activity ) consists of bottling or canning 200t or more of food in a year.\nThe relevant activity does not include—\nbottling or canning for carrying out an activity to which another section applies; or\nbottling water.\nThe aggregate environmental score for the relevant activity is 45.\n(sch.2-sec.23-ssec.1) Bottling and canning (the relevant activity ) consists of bottling or canning 200t or more of food in a year.\n(sch.2-sec.23-ssec.2) The relevant activity does not include— bottling or canning for carrying out an activity to which another section applies; or bottling water.\n(sch.2-sec.23-ssec.3) The aggregate environmental score for the relevant activity is 45.\n- (a) bottling or canning for carrying out an activity to which another section applies; or\n- (b) bottling water.","sortOrder":351},{"sectionNumber":"sch.2-sec.24","sectionType":"section","heading":"Edible oil manufacturing or processing","content":"### sch.2-sec.24 Edible oil manufacturing or processing\n\nEdible oil manufacturing or processing consists of manufacturing or processing 1,000t or more of feedstock material for edible oil production in a year.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\nmanufacturing or processing 1,000t or more of feedstock material for edible oil production in a year\n38\nC\n(sch.2-sec.24-ssec.1) Edible oil manufacturing or processing consists of manufacturing or processing 1,000t or more of feedstock material for edible oil production in a year.\n(sch.2-sec.24-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 manufacturing or processing 1,000t or more of feedstock material for edible oil production in a year 38 C","sortOrder":352},{"sectionNumber":"sch.2-sec.25","sectionType":"section","heading":"Meat processing","content":"### sch.2-sec.25 Meat processing\n\nMeat processing (the relevant activity ) consists of either of the following—\nprocessing 1,000t or more of meat or meat products in a year, whether or not the processing includes rendering;\nrendering 100t or more of meat or meat products in a year, if the meat or meat products are not otherwise processed.\nThe relevant activity does not include processing meat or meat products that—\ninvolves only chilling, curing, drying, freezing, packaging or smoking the meat or meat products; or\ndoes not involve any of the following—\nslaughtering animals;\nrendering the meat or meat products;\nthe release of waste to waters;\nthe treatment of waste using anaerobic or facultative systems.\nIn the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\nprocessing, not including rendering, in a year, the following quantity of meat or meat products—\n1,000t to 5,000t\n16\nmore than 5,000t but not more than 50,000t\n26\nC\nmore than 50,000t\n41\nC\nprocessing, including rendering, in a year, the following quantity of meat or meat products—\n1,000t to 5,000t\n25\nmore than 5,000t but not more than 50,000t\n48\nC\nmore than 50,000t\n66\nC\nrendering, without any other processing, in a year, the following quantity of meat or meat products—\n100t to 500t\nno score\nC\nmore than 500t\n29\nC\nIn this section—\nprocessing , meat or meat products, includes slaughtering animals to produce meat or meat products.\nrendering means extracting by-products from the processing of animals, including fat, tallow, derivatives of fat or tallow and matter containing protein.\n(sch.2-sec.25-ssec.1) Meat processing (the relevant activity ) consists of either of the following— processing 1,000t or more of meat or meat products in a year, whether or not the processing includes rendering; rendering 100t or more of meat or meat products in a year, if the meat or meat products are not otherwise processed.\n(sch.2-sec.25-ssec.2) The relevant activity does not include processing meat or meat products that— involves only chilling, curing, drying, freezing, packaging or smoking the meat or meat products; or does not involve any of the following— slaughtering animals; rendering the meat or meat products; the release of waste to waters; the treatment of waste using anaerobic or facultative systems.\n(sch.2-sec.25-ssec.3) In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 processing, not including rendering, in a year, the following quantity of meat or meat products— 1,000t to 5,000t 16 more than 5,000t but not more than 50,000t 26 C more than 50,000t 41 C processing, including rendering, in a year, the following quantity of meat or meat products— 1,000t to 5,000t 25 more than 5,000t but not more than 50,000t 48 C more than 50,000t 66 C rendering, without any other processing, in a year, the following quantity of meat or meat products— 100t to 500t no score C more than 500t 29 C\n(sch.2-sec.25-ssec.4) In this section— processing , meat or meat products, includes slaughtering animals to produce meat or meat products. rendering means extracting by-products from the processing of animals, including fat, tallow, derivatives of fat or tallow and matter containing protein.\n- (a) processing 1,000t or more of meat or meat products in a year, whether or not the processing includes rendering;\n- (b) rendering 100t or more of meat or meat products in a year, if the meat or meat products are not otherwise processed.\n- (a) involves only chilling, curing, drying, freezing, packaging or smoking the meat or meat products; or\n- (b) does not involve any of the following— (i) slaughtering animals; (ii) rendering the meat or meat products; (iii) the release of waste to waters; (iv) the treatment of waste using anaerobic or facultative systems.\n- (i) slaughtering animals;\n- (ii) rendering the meat or meat products;\n- (iii) the release of waste to waters;\n- (iv) the treatment of waste using anaerobic or facultative systems.\n- (i) slaughtering animals;\n- (ii) rendering the meat or meat products;\n- (iii) the release of waste to waters;\n- (iv) the treatment of waste using anaerobic or facultative systems.","sortOrder":353},{"sectionNumber":"sch.2-sec.26","sectionType":"section","heading":"Milk processing","content":"### sch.2-sec.26 Milk processing\n\nMilk processing (the relevant activity ) consists of manufacturing or processing a total of 200t or more of dairy products in a year.\nThe relevant activity does not include processing milk on a farm in the course of normal farm operations.\nThe aggregate environmental score for the relevant activity is 37.\nIn this section—\ndairy products includes milk, evaporated or condensed milk, butter, cheese and ice-cream.\nprocessing includes separating and evaporating.\n(sch.2-sec.26-ssec.1) Milk processing (the relevant activity ) consists of manufacturing or processing a total of 200t or more of dairy products in a year.\n(sch.2-sec.26-ssec.2) The relevant activity does not include processing milk on a farm in the course of normal farm operations.\n(sch.2-sec.26-ssec.3) The aggregate environmental score for the relevant activity is 37.\n(sch.2-sec.26-ssec.4) In this section— dairy products includes milk, evaporated or condensed milk, butter, cheese and ice-cream. processing includes separating and evaporating.","sortOrder":354},{"sectionNumber":"sch.2-sec.27","sectionType":"section","heading":"Seafood processing","content":"### sch.2-sec.27 Seafood processing\n\nSeafood processing (the relevant activity ) consists of processing, in a year, 500t or more of seafood or seafood products.\nThe relevant activity does not include—\nprocessing seafood involving only chilling, curing, drying, freezing, packaging or smoking the seafood; or\nprocessing seafood in retail premises, including, for example, fish shops and supermarkets; or\ncooking whole animals; or\nprocessing seafood on a boat in waters.\nThe aggregate environmental score for the relevant activity is 15.\n(sch.2-sec.27-ssec.1) Seafood processing (the relevant activity ) consists of processing, in a year, 500t or more of seafood or seafood products.\n(sch.2-sec.27-ssec.2) The relevant activity does not include— processing seafood involving only chilling, curing, drying, freezing, packaging or smoking the seafood; or processing seafood in retail premises, including, for example, fish shops and supermarkets; or cooking whole animals; or processing seafood on a boat in waters.\n(sch.2-sec.27-ssec.3) The aggregate environmental score for the relevant activity is 15.\n- (a) processing seafood involving only chilling, curing, drying, freezing, packaging or smoking the seafood; or\n- (b) processing seafood in retail premises, including, for example, fish shops and supermarkets; or\n- (c) cooking whole animals; or\n- (d) processing seafood on a boat in waters.","sortOrder":355},{"sectionNumber":"sch.2-sec.28","sectionType":"section","heading":"Sugar milling or refining","content":"### sch.2-sec.28 Sugar milling or refining\n\nSugar milling or refining (the relevant activity ) consists of either—\ncrushing or grinding 200t or more of sugar cane in a year; or\nmanufacturing 200t or more of sugar or other sugarcane products in a year.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\ncrushing or grinding 200t or more of sugar cane in a year or manufacturing 200t or more of sugar or other sugarcane products in a year\n48\nC\n(sch.2-sec.28-ssec.1) Sugar milling or refining (the relevant activity ) consists of either— crushing or grinding 200t or more of sugar cane in a year; or manufacturing 200t or more of sugar or other sugarcane products in a year.\n(sch.2-sec.28-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 crushing or grinding 200t or more of sugar cane in a year or manufacturing 200t or more of sugar or other sugarcane products in a year 48 C\n- (a) crushing or grinding 200t or more of sugar cane in a year; or\n- (b) manufacturing 200t or more of sugar or other sugarcane products in a year.","sortOrder":356},{"sectionNumber":"sch.2-pt.7","sectionType":"part","heading":"Metal production and mineral processing activities","content":"# Metal production and mineral processing activities","sortOrder":357},{"sectionNumber":"sch.2-sec.29","sectionType":"section","heading":"Metal foundry operation","content":"### sch.2-sec.29 Metal foundry operation\n\nMetal foundry operation (the relevant activity ) consists of—\nproducing 100t or more of ferrous metal castings in a year; or\nproducing 50t or more of non-ferrous metal castings in a year.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\nproducing, in a year, the following quantity of ferrous metal castings—\n100t to 1,000t\n35\nC\nmore than 1,000t but not more than 5,000t\n45\nC\nmore than 5,000t but not more than 10,000t\n47\nC\nmore than 10,000t\n62\nC\nproducing, in a year, 50t or more of non-ferrous metal castings using permanent moulds\n13\nproducing, in a year, the following quantity of non-ferrous metal castings using non-permanent moulds—\n50t to 200t\n16\nmore than 200t but not more than 1,000t\n19\nC\nmore than 1,000t but not more than 5,000t\n28\nC\nmore than 5,000t\n33\nC\n(sch.2-sec.29-ssec.1) Metal foundry operation (the relevant activity ) consists of— producing 100t or more of ferrous metal castings in a year; or producing 50t or more of non-ferrous metal castings in a year.\n(sch.2-sec.29-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 producing, in a year, the following quantity of ferrous metal castings— 100t to 1,000t 35 C more than 1,000t but not more than 5,000t 45 C more than 5,000t but not more than 10,000t 47 C more than 10,000t 62 C producing, in a year, 50t or more of non-ferrous metal castings using permanent moulds 13 producing, in a year, the following quantity of non-ferrous metal castings using non-permanent moulds— 50t to 200t 16 more than 200t but not more than 1,000t 19 C more than 1,000t but not more than 5,000t 28 C more than 5,000t 33 C\n- (a) producing 100t or more of ferrous metal castings in a year; or\n- (b) producing 50t or more of non-ferrous metal castings in a year.","sortOrder":358},{"sectionNumber":"sch.2-sec.30","sectionType":"section","heading":"Metal smelting and refining","content":"### sch.2-sec.30 Metal smelting and refining\n\nMetal smelting and refining (the relevant activity ) consists of processing ores, ore concentrates or impure metals to produce in a year—\n1t or more of gold; or\n10t or more of—\na metal, other than gold; or\na metalloid.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\nprocessing in a year—\n1t to 100t of gold\n107\nC\n10t to 100t of metalloids or metals other than gold\n107\nC\nmore than 100t but not more than 10,000t of metals or metalloids\n205\nC\nmore than 10,000t of metals or metalloids\n316\nC\nIn this section—\nmetalloid means an element that is both metallic and non-metallic.\narsenic, bismuth, silicon\nprocessing includes smelting.\n(sch.2-sec.30-ssec.1) Metal smelting and refining (the relevant activity ) consists of processing ores, ore concentrates or impure metals to produce in a year— 1t or more of gold; or 10t or more of— a metal, other than gold; or a metalloid.\n(sch.2-sec.30-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 processing in a year— 1t to 100t of gold 107 C 10t to 100t of metalloids or metals other than gold 107 C more than 100t but not more than 10,000t of metals or metalloids 205 C more than 10,000t of metals or metalloids 316 C\n(sch.2-sec.30-ssec.3) In this section— metalloid means an element that is both metallic and non-metallic. arsenic, bismuth, silicon processing includes smelting.\n- (a) 1t or more of gold; or\n- (b) 10t or more of— (i) a metal, other than gold; or (ii) a metalloid.\n- (i) a metal, other than gold; or\n- (ii) a metalloid.\n- (i) a metal, other than gold; or\n- (ii) a metalloid.","sortOrder":359},{"sectionNumber":"sch.2-sec.31","sectionType":"section","heading":"Mineral processing","content":"### sch.2-sec.31 Mineral processing\n\nMineral processing (the relevant activity ) consists of processing, in a year, a total of 1,000t or more of coke or mineral products.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\nprocessing 1,000t or more of coke in a year\n148\nC\nprocessing, in a year, the following quantities of mineral products, other than coke—\n1,000t to 100,000t\n179\nC\nmore than 100,000t\n280\nC\nIn this section—\nprocessing includes—\nin relation to coke—quenching, cutting, crushing, and grading the coke; or\nin relation to other mineral products—washing, leaching, classifying, mixing and concentrating the mineral products.\nmagnetic separation of magnetite\n(sch.2-sec.31-ssec.1) Mineral processing (the relevant activity ) consists of processing, in a year, a total of 1,000t or more of coke or mineral products.\n(sch.2-sec.31-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 processing 1,000t or more of coke in a year 148 C processing, in a year, the following quantities of mineral products, other than coke— 1,000t to 100,000t 179 C more than 100,000t 280 C\n(sch.2-sec.31-ssec.3) In this section— processing includes— in relation to coke—quenching, cutting, crushing, and grading the coke; or in relation to other mineral products—washing, leaching, classifying, mixing and concentrating the mineral products. magnetic separation of magnetite\n- (a) in relation to coke—quenching, cutting, crushing, and grading the coke; or\n- (b) in relation to other mineral products—washing, leaching, classifying, mixing and concentrating the mineral products. Example for paragraph (b) — magnetic separation of magnetite","sortOrder":360},{"sectionNumber":"sch.2-pt.8","sectionType":"part","heading":"Miscellaneous activities","content":"# Miscellaneous activities","sortOrder":361},{"sectionNumber":"sch.2-sec.32","sectionType":"section","heading":"Battery manufacturing","content":"### sch.2-sec.32 Battery manufacturing\n\nBattery manufacturing consists of manufacturing 200t or more of batteries in a year.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\nmanufacturing 200t or more of batteries in a year\n35\nC\n(sch.2-sec.32-ssec.1) Battery manufacturing consists of manufacturing 200t or more of batteries in a year.\n(sch.2-sec.32-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 manufacturing 200t or more of batteries in a year 35 C","sortOrder":362},{"sectionNumber":"sch.2-sec.33","sectionType":"section","heading":"Crushing, milling, grinding or screening","content":"### sch.2-sec.33 Crushing, milling, grinding or screening\n\nCrushing, milling, grinding or screening (the relevant activity ) consists of crushing, grinding, milling or screening more than 5,000t of material in a year.\nThe relevant activity does not include—\ncrushing, grinding, milling or screening—\ngrain crops; or\nother agricultural products on a farm for use on the farm; or\nwaste; or\ncrushing, grinding, milling or screening for carrying out an activity to which section 16 applies.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\ncrushing, grinding, milling or screening more than 5,000t of material in a year\nno score\nC\n(sch.2-sec.33-ssec.1) Crushing, milling, grinding or screening (the relevant activity ) consists of crushing, grinding, milling or screening more than 5,000t of material in a year.\n(sch.2-sec.33-ssec.2) The relevant activity does not include— crushing, grinding, milling or screening— grain crops; or other agricultural products on a farm for use on the farm; or waste; or crushing, grinding, milling or screening for carrying out an activity to which section 16 applies.\n(sch.2-sec.33-ssec.3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 crushing, grinding, milling or screening more than 5,000t of material in a year no score C\n- (a) crushing, grinding, milling or screening— (i) grain crops; or (ii) other agricultural products on a farm for use on the farm; or (iii) waste; or\n- (i) grain crops; or\n- (ii) other agricultural products on a farm for use on the farm; or\n- (iii) waste; or\n- (b) crushing, grinding, milling or screening for carrying out an activity to which section 16 applies.\n- (i) grain crops; or\n- (ii) other agricultural products on a farm for use on the farm; or\n- (iii) waste; or","sortOrder":363},{"sectionNumber":"sch.2-sec.34","sectionType":"section","heading":"Section 34 not used","content":"### sch.2-sec.34 Section 34 not used\n\nSee editor’s note for this schedule.","sortOrder":364},{"sectionNumber":"sch.2-sec.35","sectionType":"section","heading":"Plaster manufacturing","content":"### sch.2-sec.35 Plaster manufacturing\n\nPlaster manufacturing consists of manufacturing or processing 5,000t or more of plaster in a year.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\nmanufacturing or processing 5,000t or more of plaster in a year\n47\nC\n(sch.2-sec.35-ssec.1) Plaster manufacturing consists of manufacturing or processing 5,000t or more of plaster in a year.\n(sch.2-sec.35-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 manufacturing or processing 5,000t or more of plaster in a year 47 C","sortOrder":365},{"sectionNumber":"sch.2-sec.36","sectionType":"section","heading":"Pulp or paper manufacturing","content":"### sch.2-sec.36 Pulp or paper manufacturing\n\nPulp or paper manufacturing consists of manufacturing a total of 100t or more of pulp or paper products in a year.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\nmanufacturing a total of 100t or more of pulp or paper products in a year\n204\nC\nIn this section—\npulp or paper products means pulp, paper, cardboard, moulded paper pulp or similar products manufactured from any organic, recycled or synthetic fibre.\n(sch.2-sec.36-ssec.1) Pulp or paper manufacturing consists of manufacturing a total of 100t or more of pulp or paper products in a year.\n(sch.2-sec.36-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 manufacturing a total of 100t or more of pulp or paper products in a year 204 C\n(sch.2-sec.36-ssec.3) In this section— pulp or paper products means pulp, paper, cardboard, moulded paper pulp or similar products manufactured from any organic, recycled or synthetic fibre.","sortOrder":366},{"sectionNumber":"sch.2-sec.37","sectionType":"section","heading":"Section 37 not used","content":"### sch.2-sec.37 Section 37 not used\n\nSee editor’s note for this schedule.","sortOrder":367},{"sectionNumber":"sch.2-sec.38","sectionType":"section","heading":"Surface coating","content":"### sch.2-sec.38 Surface coating\n\nSurface coating (the relevant activity ) consists of using, in a year—\n1t or more of surface coating materials for anodising, electroplating, enamelling or galvanising; or\nmore than 100t of surface coating materials for coating or painting or powder coating.\nThe relevant activity does not include—\ncoating a surface using only a paintbrush, roller or sponge; or\ncoating or painting for marking pavements or roads; or\ncoating a surface in association with carrying out an activity to which section 48 or 49 applies.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\nanodising, electroplating, enamelling or galvanising using, in a year, the following quantity of surface coating materials—\n1t to 100t\n10\nC\nmore than 100t but not more than 1,000t\n19\nC\nmore than 1,000t but not more than 10,000t\n41\nC\nmore than 10,000t\n66\nC\ncoating, painting or powder coating, using, in a year, more than 100t of surface coating materials\n7\nIn this section—\npainting includes—\nadding a surface coating other than anodising, electroplating, enamelling or galvanising surfaces; and\nspray painting.\n(sch.2-sec.38-ssec.1) Surface coating (the relevant activity ) consists of using, in a year— 1t or more of surface coating materials for anodising, electroplating, enamelling or galvanising; or more than 100t of surface coating materials for coating or painting or powder coating.\n(sch.2-sec.38-ssec.2) The relevant activity does not include— coating a surface using only a paintbrush, roller or sponge; or coating or painting for marking pavements or roads; or coating a surface in association with carrying out an activity to which section 48 or 49 applies.\n(sch.2-sec.38-ssec.3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 anodising, electroplating, enamelling or galvanising using, in a year, the following quantity of surface coating materials— 1t to 100t 10 C more than 100t but not more than 1,000t 19 C more than 1,000t but not more than 10,000t 41 C more than 10,000t 66 C coating, painting or powder coating, using, in a year, more than 100t of surface coating materials 7\n(sch.2-sec.38-ssec.4) In this section— painting includes— adding a surface coating other than anodising, electroplating, enamelling or galvanising surfaces; and spray painting.\n- (a) 1t or more of surface coating materials for anodising, electroplating, enamelling or galvanising; or\n- (b) more than 100t of surface coating materials for coating or painting or powder coating.\n- (a) coating a surface using only a paintbrush, roller or sponge; or\n- (b) coating or painting for marking pavements or roads; or\n- (c) coating a surface in association with carrying out an activity to which section 48 or 49 applies.\n- (a) adding a surface coating other than anodising, electroplating, enamelling or galvanising surfaces; and\n- (b) spray painting.","sortOrder":368},{"sectionNumber":"sch.2-sec.39","sectionType":"section","heading":"Tanning","content":"### sch.2-sec.39 Tanning\n\nTanning consists of operating a tannery or facility for tanning, curing or finishing 100t or more of leather products in a year.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\noperating a tannery or facility for tanning, curing or finishing 100t or more of leather products in a year\n56\nC\nIn this section—\nleather products includes—\ncured animal skins or hides; and\nfinished leather.\n(sch.2-sec.39-ssec.1) Tanning consists of operating a tannery or facility for tanning, curing or finishing 100t or more of leather products in a year.\n(sch.2-sec.39-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 operating a tannery or facility for tanning, curing or finishing 100t or more of leather products in a year 56 C\n(sch.2-sec.39-ssec.3) In this section— leather products includes— cured animal skins or hides; and finished leather.\n- (a) cured animal skins or hides; and\n- (b) finished leather.","sortOrder":369},{"sectionNumber":"sch.2-sec.40","sectionType":"section","heading":"Textile manufacturing","content":"### sch.2-sec.40 Textile manufacturing\n\nTextile manufacturing consists of manufacturing or processing, in a year, a total of 100t or more of any of the following textile products in the way stated for the product—\nmanufacturing carpet;\nscouring or carbonising wool;\nmilling cotton;\nbleaching, dyeing or finishing natural fibre or synthetic textiles.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\nmanufacturing or processing, in a year, a total of 100t or more of carpet\n27\nC\nmanufacturing or processing, in a year, a total of 100t or more of scouring or carbonising wool\n27\nC\nmanufacturing or processing, in a year, a total of 100t or more of milling cotton\n27\nC\nmanufacturing or processing, in a year, a total of 100t or more of bleaching, dyeing or finishing natural fibre or synthetic textiles\n27\nC\n(sch.2-sec.40-ssec.1) Textile manufacturing consists of manufacturing or processing, in a year, a total of 100t or more of any of the following textile products in the way stated for the product— manufacturing carpet; scouring or carbonising wool; milling cotton; bleaching, dyeing or finishing natural fibre or synthetic textiles.\n(sch.2-sec.40-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 manufacturing or processing, in a year, a total of 100t or more of carpet 27 C manufacturing or processing, in a year, a total of 100t or more of scouring or carbonising wool 27 C manufacturing or processing, in a year, a total of 100t or more of milling cotton 27 C manufacturing or processing, in a year, a total of 100t or more of bleaching, dyeing or finishing natural fibre or synthetic textiles 27 C\n- (a) manufacturing carpet;\n- (b) scouring or carbonising wool;\n- (c) milling cotton;\n- (d) bleaching, dyeing or finishing natural fibre or synthetic textiles.","sortOrder":370},{"sectionNumber":"sch.2-pt.9","sectionType":"part","heading":"Non-metallic mineral product manufacture","content":"# Non-metallic mineral product manufacture","sortOrder":371},{"sectionNumber":"sch.2-sec.41","sectionType":"section","heading":"Cement manufacturing","content":"### sch.2-sec.41 Cement manufacturing\n\nCement manufacturing consists of, in a year—\nmanufacturing 200t or more of cement; or\ncalcining 200t or more of limestone.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\nmanufacturing 200t or more of cement in a year\n92\nC\ncalcining 200t or more of limestone in a year\n92\nC\n(sch.2-sec.41-ssec.1) Cement manufacturing consists of, in a year— manufacturing 200t or more of cement; or calcining 200t or more of limestone.\n(sch.2-sec.41-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 manufacturing 200t or more of cement in a year 92 C calcining 200t or more of limestone in a year 92 C\n- (a) manufacturing 200t or more of cement; or\n- (b) calcining 200t or more of limestone.","sortOrder":372},{"sectionNumber":"sch.2-sec.42","sectionType":"section","heading":"Clay or ceramic products manufacturing","content":"### sch.2-sec.42 Clay or ceramic products manufacturing\n\nClay or ceramic products manufacturing (the relevant activity ) consists of manufacturing 200t or more of clay or ceramic products in a year.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\nmanufacturing the following quantity of clay or ceramic products in a year—\n200t to 5,000t\n32\nC\nmore than 5,000t\n62\nC\nIn this section—\nclay or ceramic products includes bricks, pipes, pottery, refractories and tiles.\n(sch.2-sec.42-ssec.1) Clay or ceramic products manufacturing (the relevant activity ) consists of manufacturing 200t or more of clay or ceramic products in a year.\n(sch.2-sec.42-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 manufacturing the following quantity of clay or ceramic products in a year— 200t to 5,000t 32 C more than 5,000t 62 C\n(sch.2-sec.42-ssec.3) In this section— clay or ceramic products includes bricks, pipes, pottery, refractories and tiles.","sortOrder":373},{"sectionNumber":"sch.2-sec.43","sectionType":"section","heading":"Section 43 not used","content":"### sch.2-sec.43 Section 43 not used\n\nSee editor’s note for this schedule.","sortOrder":374},{"sectionNumber":"sch.2-sec.44","sectionType":"section","heading":"Glass or glass fibre manufacturing","content":"### sch.2-sec.44 Glass or glass fibre manufacturing\n\nGlass or glass fibre manufacturing consists of manufacturing 200t or more of glass or glass fibre in a year.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\nmanufacturing 200t or more of glass or glass fibre in a year\n67\nC\n(sch.2-sec.44-ssec.1) Glass or glass fibre manufacturing consists of manufacturing 200t or more of glass or glass fibre in a year.\n(sch.2-sec.44-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 manufacturing 200t or more of glass or glass fibre in a year 67 C","sortOrder":375},{"sectionNumber":"sch.2-sec.45","sectionType":"section","heading":"Mineral wool or ceramic fibre manufacturing","content":"### sch.2-sec.45 Mineral wool or ceramic fibre manufacturing\n\nMineral wool or ceramic fibre manufacturing consists of manufacturing mineral wool or ceramic fibre.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\nmanufacturing mineral wool or ceramic fibre\n55\nC\n(sch.2-sec.45-ssec.1) Mineral wool or ceramic fibre manufacturing consists of manufacturing mineral wool or ceramic fibre.\n(sch.2-sec.45-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 manufacturing mineral wool or ceramic fibre 55 C","sortOrder":376},{"sectionNumber":"sch.2-pt.10","sectionType":"part","heading":"Sawmilling, woodchipping, and timber and laminated product manufacturing","content":"# Sawmilling, woodchipping, and timber and laminated product manufacturing","sortOrder":377},{"sectionNumber":"sch.2-sec.46","sectionType":"section","heading":"Chemically treating timber","content":"### sch.2-sec.46 Chemically treating timber\n\nChemically treating timber for preservation on a commercial basis (the relevant activity ) consists of the following—\nusing chemicals listed in AS1604.1, appendix B, other than copper chromium arsenic or creosote, to treat a total of 1,500m 3 or more of timber in a year;\nusing copper chromium arsenic, creosote or a chemical not listed in AS1604.1, appendix B to treat timber.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\nusing chemicals listed in AS1604.1, appendix B, other than copper chromium arsenic or creosote, to treat 1,500m 3 or more of timber in a year for preservation on a commercial basis\n32\nC\nusing copper chromium arsenic, creosote or a chemical not listed in AS1604.1, appendix B, to treat timber for preservation on a commercial basis\n42\nC\nIn this section—\nAS1604.1 means ‘AS 1604.1:2012—Specification for preservative treatment—Sawn and round timber’.\n(sch.2-sec.46-ssec.1) Chemically treating timber for preservation on a commercial basis (the relevant activity ) consists of the following— using chemicals listed in AS1604.1, appendix B, other than copper chromium arsenic or creosote, to treat a total of 1,500m 3 or more of timber in a year; using copper chromium arsenic, creosote or a chemical not listed in AS1604.1, appendix B to treat timber.\n(sch.2-sec.46-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 using chemicals listed in AS1604.1, appendix B, other than copper chromium arsenic or creosote, to treat 1,500m 3 or more of timber in a year for preservation on a commercial basis 32 C using copper chromium arsenic, creosote or a chemical not listed in AS1604.1, appendix B, to treat timber for preservation on a commercial basis 42 C\n(sch.2-sec.46-ssec.3) In this section— AS1604.1 means ‘AS 1604.1:2012—Specification for preservative treatment—Sawn and round timber’.\n- (a) using chemicals listed in AS1604.1, appendix B, other than copper chromium arsenic or creosote, to treat a total of 1,500m 3 or more of timber in a year;\n- (b) using copper chromium arsenic, creosote or a chemical not listed in AS1604.1, appendix B to treat timber.","sortOrder":378},{"sectionNumber":"sch.2-sec.47","sectionType":"section","heading":"Timber milling and woodchipping","content":"### sch.2-sec.47 Timber milling and woodchipping\n\nTimber milling and woodchipping (the relevant activity ) consists of milling a total of 5,000t or more of timber in a year.\nThe relevant activity includes—\nkiln-drying timber that has been milled; and\nproducing timber veneer.\nThe relevant activity does not include—\ncarrying out the relevant activity as a mobile and temporary environmentally relevant activity for fewer than 2 consecutive days at any one place; or\ncarrying out the relevant activity in association with carrying on an activity to which section 48 applies.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\nmilling, in a year, the following total quantity of timber—\n5,000t to 10,000t\n22\nC\nmore than 10,000t but not more than 20,000t\n35\nC\nmore than 20,000t but not more than 100,000t\n58\nC\nmore than 100,000t\n69\nC\nIn this section—\nmilling includes sawing, cutting, chipping, compressing, dressing, finger-jointing, and machining.\ntimber includes logs.\n(sch.2-sec.47-ssec.1) Timber milling and woodchipping (the relevant activity ) consists of milling a total of 5,000t or more of timber in a year.\n(sch.2-sec.47-ssec.2) The relevant activity includes— kiln-drying timber that has been milled; and producing timber veneer.\n(sch.2-sec.47-ssec.3) The relevant activity does not include— carrying out the relevant activity as a mobile and temporary environmentally relevant activity for fewer than 2 consecutive days at any one place; or carrying out the relevant activity in association with carrying on an activity to which section 48 applies.\n(sch.2-sec.47-ssec.4) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 milling, in a year, the following total quantity of timber— 5,000t to 10,000t 22 C more than 10,000t but not more than 20,000t 35 C more than 20,000t but not more than 100,000t 58 C more than 100,000t 69 C\n(sch.2-sec.47-ssec.5) In this section— milling includes sawing, cutting, chipping, compressing, dressing, finger-jointing, and machining. timber includes logs.\n- (a) kiln-drying timber that has been milled; and\n- (b) producing timber veneer.\n- (a) carrying out the relevant activity as a mobile and temporary environmentally relevant activity for fewer than 2 consecutive days at any one place; or\n- (b) carrying out the relevant activity in association with carrying on an activity to which section 48 applies.","sortOrder":379},{"sectionNumber":"sch.2-sec.48","sectionType":"section","heading":"Timber and laminated product fabrication","content":"### sch.2-sec.48 Timber and laminated product fabrication\n\nTimber and laminated product manufacture (the relevant activity ) consists of manufacturing, in a year, a total of—\n5,000t or more of reconstituted timber products; or\n100t or more of laminated products.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\nmanufacturing, in a year, the following quantity of reconstituted timber products—\n5,000t to 10,000t\n42\nC\nmore than 10,000t\n70\nC\nmanufacturing in a year 100t or more of laminated products\n55\nC\nIn this section—\nlaminated products includes high pressure laminate sheeting, laminate-covered wooden or reconstituted timber products, thick laminates and fibre polymer laminates.\nreconstituted timber products includes chipboard, glue laminated timber, laminated veneer lumber, medium density fibreboard and plywood.\n(sch.2-sec.48-ssec.1) Timber and laminated product manufacture (the relevant activity ) consists of manufacturing, in a year, a total of— 5,000t or more of reconstituted timber products; or 100t or more of laminated products.\n(sch.2-sec.48-ssec.2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 manufacturing, in a year, the following quantity of reconstituted timber products— 5,000t to 10,000t 42 C more than 10,000t 70 C manufacturing in a year 100t or more of laminated products 55 C\n(sch.2-sec.48-ssec.3) In this section— laminated products includes high pressure laminate sheeting, laminate-covered wooden or reconstituted timber products, thick laminates and fibre polymer laminates. reconstituted timber products includes chipboard, glue laminated timber, laminated veneer lumber, medium density fibreboard and plywood.\n- (a) 5,000t or more of reconstituted timber products; or\n- (b) 100t or more of laminated products.","sortOrder":380},{"sectionNumber":"sch.2-pt.11","sectionType":"part","heading":"Transport and maritime services","content":"# Transport and maritime services","sortOrder":381},{"sectionNumber":"sch.2-sec.49","sectionType":"section","heading":"Boat maintenance or repair","content":"### sch.2-sec.49 Boat maintenance or repair\n\nBoat maintenance or repair (the relevant activity ) consists of operating, on a commercial basis, a boat maintenance or repair facility for maintaining or repairing hulls, superstructure or mechanical components of boats or seaplanes if the facility is within 50 metres of a bed of naturally occurring surface waters.\nThe relevant activity includes cleaning or maintaining hulls in water at a boat maintenance or repair facility or another place.\nThe relevant activity does not include sail making.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\noperating, on a commercial basis, a boat maintenance or repair facility for maintaining or repairing hulls, superstructure or mechanical components of boats or seaplanes\n17\nC\n(sch.2-sec.49-ssec.1) Boat maintenance or repair (the relevant activity ) consists of operating, on a commercial basis, a boat maintenance or repair facility for maintaining or repairing hulls, superstructure or mechanical components of boats or seaplanes if the facility is within 50 metres of a bed of naturally occurring surface waters.\n(sch.2-sec.49-ssec.2) The relevant activity includes cleaning or maintaining hulls in water at a boat maintenance or repair facility or another place.\n(sch.2-sec.49-ssec.3) The relevant activity does not include sail making.\n(sch.2-sec.49-ssec.4) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 operating, on a commercial basis, a boat maintenance or repair facility for maintaining or repairing hulls, superstructure or mechanical components of boats or seaplanes 17 C","sortOrder":382},{"sectionNumber":"sch.2-sec.50","sectionType":"section","heading":"Mineral and bulk material handling","content":"### sch.2-sec.50 Mineral and bulk material handling\n\nMineral and bulk material handling (the relevant activity ) consists of—\nhandling minerals or bulk materials, other than handling mentioned in paragraph (b) , in a way that involves—\nloading or unloading minerals at a rate of 100t or more a day; or\nstoring 50,000t or more of minerals; or\nloading or unloading bulk materials—\nin connection with operations at a port area; and\nat a rate of 100t or more a day; or\nstoring bulk materials in connection with operations at a port area; or\nhandling minerals or bulk materials in a way that involves loading or unloading minerals or bulk materials from 1 ship to another ship at a rate of 100t or more a day.\nThe relevant activity does not include handling minerals or bulk materials in a way that involves loading, unloading or storing materials on a site the subject of an environmental authority for a resource activity.\nAlso, for handling mentioned in subsection (1) (b) , the relevant activity does not include handling minerals or bulk materials in a way that involves—\nloading or unloading minerals or bulk materials in relation to—\nan emergency response; or\nrefuelling a ship; or\ntransferring minerals or bulk materials between 2 or more ships docked within a port area; or\ntransporting bulk materials to a remote area of the State; or\nloading or unloading minerals or bulk materials for carrying out an activity to which section 16 (1) (a) applies; or\nloading or unloading minerals or bulk materials if a Commonwealth law—\npermits the activity to be carried out; or\nrequires a permit or other authority to carry out the activity.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\nloading or unloading 100t or more of minerals in a day, other than loading or unloading mentioned in item 3, or storing 50,000t or more of minerals—\nwithin 5km of the highest astronomical tide or 1km of a watercourse\n73\nC\nat another place\n49\nC\nloading or unloading 100t or more of bulk materials in a day, other than loading or unloading mentioned in item 3, or storing bulk materials\n73\nC\nloading or unloading 100t or more of minerals or bulk materials from 1 ship to another ship in a day\n73\nIn this section—\nbulk material —\nBulk material means—\nsolid material consisting of separate particles, granules or other small pieces of the material; or\nany material that is a liquid or gas.\nHowever, bulk material does not include—\nany material contained or wrapped in a way that prevents the material from escaping the container or wrapper; or\na mineral; or\nwater.\nemergency response means an activity carried out for any of the following purposes—\nto investigate and respond to an emergency;\nto save human life or avoid the risk of injury to a person;\nto deal with a threat of pollution to the marine environment.\nmineral —\nMineral means any substance that is a mineral as defined under the Mineral Resources Act 1989 , section 6 .\nHowever, a mineral does not include any mineral contained or wrapped in a way that prevents the mineral from escaping the container or wrapper.\nremote area , of the State, means an area of the State identified as remote Australia or very remote Australia in the document called ‘Australian Statistical Geography Standard, Volume 5—Remoteness Structure’, published by the Australian Bureau of Statistics on its website.\nship see the Transport Operations (Marine Safety) Act 1994 , section 10 .\nsch 2 s 50 sub 2020 SL No. 225 s 7 (2)\n(sch.2-sec.50-ssec.1) Mineral and bulk material handling (the relevant activity ) consists of— handling minerals or bulk materials, other than handling mentioned in paragraph (b) , in a way that involves— loading or unloading minerals at a rate of 100t or more a day; or storing 50,000t or more of minerals; or loading or unloading bulk materials— in connection with operations at a port area; and at a rate of 100t or more a day; or storing bulk materials in connection with operations at a port area; or handling minerals or bulk materials in a way that involves loading or unloading minerals or bulk materials from 1 ship to another ship at a rate of 100t or more a day.\n(sch.2-sec.50-ssec.2) The relevant activity does not include handling minerals or bulk materials in a way that involves loading, unloading or storing materials on a site the subject of an environmental authority for a resource activity.\n(sch.2-sec.50-ssec.3) Also, for handling mentioned in subsection (1) (b) , the relevant activity does not include handling minerals or bulk materials in a way that involves— loading or unloading minerals or bulk materials in relation to— an emergency response; or refuelling a ship; or transferring minerals or bulk materials between 2 or more ships docked within a port area; or transporting bulk materials to a remote area of the State; or loading or unloading minerals or bulk materials for carrying out an activity to which section 16 (1) (a) applies; or loading or unloading minerals or bulk materials if a Commonwealth law— permits the activity to be carried out; or requires a permit or other authority to carry out the activity.\n(sch.2-sec.50-ssec.4) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 loading or unloading 100t or more of minerals in a day, other than loading or unloading mentioned in item 3, or storing 50,000t or more of minerals— within 5km of the highest astronomical tide or 1km of a watercourse 73 C at another place 49 C loading or unloading 100t or more of bulk materials in a day, other than loading or unloading mentioned in item 3, or storing bulk materials 73 C loading or unloading 100t or more of minerals or bulk materials from 1 ship to another ship in a day 73\n(sch.2-sec.50-ssec.5) In this section— bulk material — Bulk material means— solid material consisting of separate particles, granules or other small pieces of the material; or any material that is a liquid or gas. However, bulk material does not include— any material contained or wrapped in a way that prevents the material from escaping the container or wrapper; or a mineral; or water. emergency response means an activity carried out for any of the following purposes— to investigate and respond to an emergency; to save human life or avoid the risk of injury to a person; to deal with a threat of pollution to the marine environment. mineral — Mineral means any substance that is a mineral as defined under the Mineral Resources Act 1989 , section 6 . However, a mineral does not include any mineral contained or wrapped in a way that prevents the mineral from escaping the container or wrapper. remote area , of the State, means an area of the State identified as remote Australia or very remote Australia in the document called ‘Australian Statistical Geography Standard, Volume 5—Remoteness Structure’, published by the Australian Bureau of Statistics on its website. ship see the Transport Operations (Marine Safety) Act 1994 , section 10 .\n- (a) handling minerals or bulk materials, other than handling mentioned in paragraph (b) , in a way that involves— (i) loading or unloading minerals at a rate of 100t or more a day; or (ii) storing 50,000t or more of minerals; or (iii) loading or unloading bulk materials— (A) in connection with operations at a port area; and (B) at a rate of 100t or more a day; or (iv) storing bulk materials in connection with operations at a port area; or\n- (i) loading or unloading minerals at a rate of 100t or more a day; or\n- (ii) storing 50,000t or more of minerals; or\n- (iii) loading or unloading bulk materials— (A) in connection with operations at a port area; and (B) at a rate of 100t or more a day; or\n- (A) in connection with operations at a port area; and\n- (B) at a rate of 100t or more a day; or\n- (iv) storing bulk materials in connection with operations at a port area; or\n- (b) handling minerals or bulk materials in a way that involves loading or unloading minerals or bulk materials from 1 ship to another ship at a rate of 100t or more a day.\n- (i) loading or unloading minerals at a rate of 100t or more a day; or\n- (ii) storing 50,000t or more of minerals; or\n- (iii) loading or unloading bulk materials— (A) in connection with operations at a port area; and (B) at a rate of 100t or more a day; or\n- (A) in connection with operations at a port area; and\n- (B) at a rate of 100t or more a day; or\n- (iv) storing bulk materials in connection with operations at a port area; or\n- (A) in connection with operations at a port area; and\n- (B) at a rate of 100t or more a day; or\n- (a) loading or unloading minerals or bulk materials in relation to— (i) an emergency response; or (ii) refuelling a ship; or (iii) transferring minerals or bulk materials between 2 or more ships docked within a port area; or (iv) transporting bulk materials to a remote area of the State; or\n- (i) an emergency response; or\n- (ii) refuelling a ship; or\n- (iii) transferring minerals or bulk materials between 2 or more ships docked within a port area; or\n- (iv) transporting bulk materials to a remote area of the State; or\n- (b) loading or unloading minerals or bulk materials for carrying out an activity to which section 16 (1) (a) applies; or\n- (c) loading or unloading minerals or bulk materials if a Commonwealth law— (i) permits the activity to be carried out; or (ii) requires a permit or other authority to carry out the activity.\n- (i) permits the activity to be carried out; or\n- (ii) requires a permit or other authority to carry out the activity.\n- (i) an emergency response; or\n- (ii) refuelling a ship; or\n- (iii) transferring minerals or bulk materials between 2 or more ships docked within a port area; or\n- (iv) transporting bulk materials to a remote area of the State; or\n- (i) permits the activity to be carried out; or\n- (ii) requires a permit or other authority to carry out the activity.\n- 1 Bulk material means— (a) solid material consisting of separate particles, granules or other small pieces of the material; or (b) any material that is a liquid or gas.\n- (a) solid material consisting of separate particles, granules or other small pieces of the material; or\n- (b) any material that is a liquid or gas.\n- 2 However, bulk material does not include— (a) any material contained or wrapped in a way that prevents the material from escaping the container or wrapper; or (b) a mineral; or (c) water.\n- (a) any material contained or wrapped in a way that prevents the material from escaping the container or wrapper; or\n- (b) a mineral; or\n- (c) water.\n- (a) solid material consisting of separate particles, granules or other small pieces of the material; or\n- (b) any material that is a liquid or gas.\n- (a) any material contained or wrapped in a way that prevents the material from escaping the container or wrapper; or\n- (b) a mineral; or\n- (c) water.\n- (a) to investigate and respond to an emergency;\n- (b) to save human life or avoid the risk of injury to a person;\n- (c) to deal with a threat of pollution to the marine environment.\n- 1 Mineral means any substance that is a mineral as defined under the Mineral Resources Act 1989 , section 6 .\n- 2 However, a mineral does not include any mineral contained or wrapped in a way that prevents the mineral from escaping the container or wrapper.","sortOrder":383},{"sectionNumber":"sch.2-sec.51","sectionType":"section","heading":"Road tunnel ventilation stack operation","content":"### sch.2-sec.51 Road tunnel ventilation stack operation\n\nRoad tunnel ventilation stack operation consists of operating a road tunnel ventilation stack.\nThe relevant activity does not include carrying out an activity associated with operating a road tunnel ventilation stack for the projects known as Clem Jones Tunnel and Airport Link Project described in the Coordinator-General’s reports for the EIS, and change reports, for the projects under the State Development and Public Works Organisation Act 1971 .\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\noperating a road tunnel ventilation stack\n36\nC\n(sch.2-sec.51-ssec.1) Road tunnel ventilation stack operation consists of operating a road tunnel ventilation stack.\n(sch.2-sec.51-ssec.2) The relevant activity does not include carrying out an activity associated with operating a road tunnel ventilation stack for the projects known as Clem Jones Tunnel and Airport Link Project described in the Coordinator-General’s reports for the EIS, and change reports, for the projects under the State Development and Public Works Organisation Act 1971 .\n(sch.2-sec.51-ssec.3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 operating a road tunnel ventilation stack 36 C","sortOrder":384},{"sectionNumber":"sch.2-sec.52","sectionType":"section","heading":"Section 52 not used","content":"### sch.2-sec.52 Section 52 not used\n\nSee editor’s note for this schedule.","sortOrder":385},{"sectionNumber":"sch.2-pt.12","sectionType":"part","heading":"Waste management","content":"# Waste management","sortOrder":386},{"sectionNumber":"sch.2-sec.53","sectionType":"section","heading":"Organic material processing","content":"### sch.2-sec.53 Organic material processing\n\nOrganic material processing (the relevant activity ) consists of operating a facility for processing, by way of composting or anaerobic digestion, more than 200t of organic material in a year.\nThe relevant activity does not include—\nmanufacturing mushroom growing substrate; or\nthe composting of organic material from agriculture or livestock production if the organic material is either—\ncomposted at the site where it was produced; or\ntransported to another site, where agriculture or livestock production is carried out, and composted at that site; or\nthe anaerobic digestion of organic material at a facility—\nto which section 63 applies; or\nwhere an activity to which section 3 or 25 applies is carried out; or\nthe composting of organic material at a site if an activity to which section 2 , 3 or 4 applies is carried out at the site.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\nprocessing more than 200t of organic material in a year—\nby composting the organic material\n18\nC\nby anaerobic digestion\n16\nC\nIn this section—\nanaerobic digestion , of organic material, means the decomposition of the organic material by microorganisms in the absence of oxygen.\ncomposting , of organic material, includes mixing the organic material to manufacture a soil conditioner.\norganic material means—\nanimal matter, including, for example, dead animals, animal remains and animal excreta; or\nplant matter, including, for example, bark, lawn clippings, leaves, mulch, pruning waste, sawdust, shavings, woodchip and other waste from forest products; or\norganic waste.\norganic waste —\nincludes the following—\na substance used for manufacturing fertiliser for agricultural, horticultural or garden use;\nanimal manure;\nbiosolids;\ncardboard and paper waste;\nfish processing waste;\nfood and food processing waste;\ngrease trap waste;\ngreen waste;\npoultry processing waste;\nwaste generated from an abattoir; but\ndoes not include—\nbiosecurity waste; or\nclinical or related waste; or\ncontaminated soil; or\nsynthetic substances, other than synthetic substances to which paragraph (a) (i) applies.\n(sch.2-sec.53-ssec.1) Organic material processing (the relevant activity ) consists of operating a facility for processing, by way of composting or anaerobic digestion, more than 200t of organic material in a year.\n(sch.2-sec.53-ssec.2) The relevant activity does not include— manufacturing mushroom growing substrate; or the composting of organic material from agriculture or livestock production if the organic material is either— composted at the site where it was produced; or transported to another site, where agriculture or livestock production is carried out, and composted at that site; or the anaerobic digestion of organic material at a facility— to which section 63 applies; or where an activity to which section 3 or 25 applies is carried out; or the composting of organic material at a site if an activity to which section 2 , 3 or 4 applies is carried out at the site.\n(sch.2-sec.53-ssec.3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 processing more than 200t of organic material in a year— by composting the organic material 18 C by anaerobic digestion 16 C\n(sch.2-sec.53-ssec.4) In this section— anaerobic digestion , of organic material, means the decomposition of the organic material by microorganisms in the absence of oxygen. composting , of organic material, includes mixing the organic material to manufacture a soil conditioner. organic material means— animal matter, including, for example, dead animals, animal remains and animal excreta; or plant matter, including, for example, bark, lawn clippings, leaves, mulch, pruning waste, sawdust, shavings, woodchip and other waste from forest products; or organic waste. organic waste — includes the following— a substance used for manufacturing fertiliser for agricultural, horticultural or garden use; animal manure; biosolids; cardboard and paper waste; fish processing waste; food and food processing waste; grease trap waste; green waste; poultry processing waste; waste generated from an abattoir; but does not include— biosecurity waste; or clinical or related waste; or contaminated soil; or synthetic substances, other than synthetic substances to which paragraph (a) (i) applies.\n- (a) manufacturing mushroom growing substrate; or\n- (b) the composting of organic material from agriculture or livestock production if the organic material is either— (i) composted at the site where it was produced; or (ii) transported to another site, where agriculture or livestock production is carried out, and composted at that site; or\n- (i) composted at the site where it was produced; or\n- (ii) transported to another site, where agriculture or livestock production is carried out, and composted at that site; or\n- (c) the anaerobic digestion of organic material at a facility— (i) to which section 63 applies; or (ii) where an activity to which section 3 or 25 applies is carried out; or\n- (i) to which section 63 applies; or\n- (ii) where an activity to which section 3 or 25 applies is carried out; or\n- (d) the composting of organic material at a site if an activity to which section 2 , 3 or 4 applies is carried out at the site.\n- (i) composted at the site where it was produced; or\n- (ii) transported to another site, where agriculture or livestock production is carried out, and composted at that site; or\n- (i) to which section 63 applies; or\n- (ii) where an activity to which section 3 or 25 applies is carried out; or\n- (a) animal matter, including, for example, dead animals, animal remains and animal excreta; or\n- (b) plant matter, including, for example, bark, lawn clippings, leaves, mulch, pruning waste, sawdust, shavings, woodchip and other waste from forest products; or\n- (c) organic waste.\n- (a) includes the following— (i) a substance used for manufacturing fertiliser for agricultural, horticultural or garden use; (ii) animal manure; (iii) biosolids; (iv) cardboard and paper waste; (v) fish processing waste; (vi) food and food processing waste; (vii) grease trap waste; (viii) green waste; (ix) poultry processing waste; (x) waste generated from an abattoir; but\n- (i) a substance used for manufacturing fertiliser for agricultural, horticultural or garden use;\n- (ii) animal manure;\n- (iii) biosolids;\n- (iv) cardboard and paper waste;\n- (v) fish processing waste;\n- (vi) food and food processing waste;\n- (vii) grease trap waste;\n- (viii) green waste;\n- (ix) poultry processing waste;\n- (x) waste generated from an abattoir; but\n- (b) does not include— (i) biosecurity waste; or (ii) clinical or related waste; or (iii) contaminated soil; or (iv) synthetic substances, other than synthetic substances to which paragraph (a) (i) applies.\n- (i) biosecurity waste; or\n- (ii) clinical or related waste; or\n- (iii) contaminated soil; or\n- (iv) synthetic substances, other than synthetic substances to which paragraph (a) (i) applies.\n- (i) a substance used for manufacturing fertiliser for agricultural, horticultural or garden use;\n- (ii) animal manure;\n- (iii) biosolids;\n- (iv) cardboard and paper waste;\n- (v) fish processing waste;\n- (vi) food and food processing waste;\n- (vii) grease trap waste;\n- (viii) green waste;\n- (ix) poultry processing waste;\n- (x) waste generated from an abattoir; but\n- (i) biosecurity waste; or\n- (ii) clinical or related waste; or\n- (iii) contaminated soil; or\n- (iv) synthetic substances, other than synthetic substances to which paragraph (a) (i) applies.","sortOrder":387},{"sectionNumber":"sch.2-sec.54","sectionType":"section","heading":"Mechanical waste reprocessing","content":"### sch.2-sec.54 Mechanical waste reprocessing\n\nMechanical waste reprocessing (the relevant activity ) consists of operating a facility for receiving and mechanically reprocessing waste.\nThe relevant activity does not include—\nbaling or compacting clean paper, cardboard, aluminium cans or plastics; or\nreprocessing, including recycling, liquid waste; or\nreprocessing, including recycling, clean earth.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\noperating a facility for receiving and mechanically reprocessing, in a year, more than 5,000t of inert, non-putrescible waste or green waste only\n8\noperating a facility for receiving and mechanically reprocessing, in a year, the following quantity of general waste—\n5,000t or less\n19\nC\nmore than 5,000t but not more than 10,000t\n25\nC\nmore than 10,000t\n31\nC\noperating a facility for receiving and mechanically reprocessing, in a year, the following quantity of category 2 regulated waste—\n5,000t or less\n29\nC\nmore than 5,000t but not more than 10,000t\n43\nC\nmore than 10,000t\n56\nC\noperating a facility for receiving and mechanically reprocessing, in a year, the following quantity of category 1 regulated waste—\n5,000t or less\n32\nC\nmore than 5,000t but not more than 10,000t\n50\nC\nmore than 10,000t\n73\nC\nIn this section—\nmechanically reprocessing waste includes mechanically crushing, milling, grinding, shredding or sorting waste, whether or not for the purpose of recycling the waste.\nreprocessing, including recycling, waste using a trommel, glass imploder, concrete crusher, green waste shredder or tyre shredder\n(sch.2-sec.54-ssec.1) Mechanical waste reprocessing (the relevant activity ) consists of operating a facility for receiving and mechanically reprocessing waste.\n(sch.2-sec.54-ssec.2) The relevant activity does not include— baling or compacting clean paper, cardboard, aluminium cans or plastics; or reprocessing, including recycling, liquid waste; or reprocessing, including recycling, clean earth.\n(sch.2-sec.54-ssec.3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 operating a facility for receiving and mechanically reprocessing, in a year, more than 5,000t of inert, non-putrescible waste or green waste only 8 operating a facility for receiving and mechanically reprocessing, in a year, the following quantity of general waste— 5,000t or less 19 C more than 5,000t but not more than 10,000t 25 C more than 10,000t 31 C operating a facility for receiving and mechanically reprocessing, in a year, the following quantity of category 2 regulated waste— 5,000t or less 29 C more than 5,000t but not more than 10,000t 43 C more than 10,000t 56 C operating a facility for receiving and mechanically reprocessing, in a year, the following quantity of category 1 regulated waste— 5,000t or less 32 C more than 5,000t but not more than 10,000t 50 C more than 10,000t 73 C\n(sch.2-sec.54-ssec.4) In this section— mechanically reprocessing waste includes mechanically crushing, milling, grinding, shredding or sorting waste, whether or not for the purpose of recycling the waste. reprocessing, including recycling, waste using a trommel, glass imploder, concrete crusher, green waste shredder or tyre shredder\n- (a) baling or compacting clean paper, cardboard, aluminium cans or plastics; or\n- (b) reprocessing, including recycling, liquid waste; or\n- (c) reprocessing, including recycling, clean earth.","sortOrder":388},{"sectionNumber":"sch.2-sec.55","sectionType":"section","heading":"Other waste reprocessing or treatment","content":"### sch.2-sec.55 Other waste reprocessing or treatment\n\nOther waste reprocessing or treatment (the relevant activity ) consists of operating a facility for receiving waste and—\nreprocessing the waste; or\ntreating the waste to render it non-hazardous or less hazardous.\nThe relevant activity does not include an activity to which section 53 , 54 , 61 or 62 applies.\noperating a facility for receiving waste and reprocessing or treating the waste using bioremediation, chemical fixation, microwaves or an autoclave\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\noperating a facility for receiving and either reprocessing or treating, in a year, the following quantity of general waste—\n5,000t or less\n28\nC\nmore than 5,000t but not more than 10,000t\n39\nC\nmore than 10,000t\n48\nC\noperating a facility for receiving and either reprocessing or treating, in a year, the following quantity of category 2 regulated waste—\n5,000t or less\n38\nC\nmore than 5,000t but not more than 10,000t\n52\nC\nmore than 10,000t\n65\nC\noperating a facility for receiving and either reprocessing or treating, in a year, the following quantity of category 1 regulated waste—\n5,000t or less\n46\nC\nmore than 5,000t but not more than 10,000t\n65\nC\nmore than 10,000t\n82\nC\noperating a facility for receiving and either reprocessing or treating clinical waste or biosecurity waste\n46\nC\nIn this section—\nreprocessing includes recycling.\n(sch.2-sec.55-ssec.1) Other waste reprocessing or treatment (the relevant activity ) consists of operating a facility for receiving waste and— reprocessing the waste; or treating the waste to render it non-hazardous or less hazardous.\n(sch.2-sec.55-ssec.2) The relevant activity does not include an activity to which section 53 , 54 , 61 or 62 applies. operating a facility for receiving waste and reprocessing or treating the waste using bioremediation, chemical fixation, microwaves or an autoclave\n(sch.2-sec.55-ssec.3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 operating a facility for receiving and either reprocessing or treating, in a year, the following quantity of general waste— 5,000t or less 28 C more than 5,000t but not more than 10,000t 39 C more than 10,000t 48 C operating a facility for receiving and either reprocessing or treating, in a year, the following quantity of category 2 regulated waste— 5,000t or less 38 C more than 5,000t but not more than 10,000t 52 C more than 10,000t 65 C operating a facility for receiving and either reprocessing or treating, in a year, the following quantity of category 1 regulated waste— 5,000t or less 46 C more than 5,000t but not more than 10,000t 65 C more than 10,000t 82 C operating a facility for receiving and either reprocessing or treating clinical waste or biosecurity waste 46 C\n(sch.2-sec.55-ssec.4) In this section— reprocessing includes recycling.\n- (a) reprocessing the waste; or\n- (b) treating the waste to render it non-hazardous or less hazardous.","sortOrder":389},{"sectionNumber":"sch.2-sec.56","sectionType":"section","heading":"Section 56 not used","content":"### sch.2-sec.56 Section 56 not used\n\nSee editor’s note for this schedule.","sortOrder":390},{"sectionNumber":"sch.2-sec.57","sectionType":"section","heading":"Regulated waste transport","content":"### sch.2-sec.57 Regulated waste transport\n\nRegulated waste transport (the relevant activity ) consists of transporting regulated waste in a vehicle.\nThe relevant activity does not include—\ntransporting no more than 175kg of asbestos in a vehicle; or\nself-haul transporting no more than 250kg of regulated waste; or\ntransporting waste by a State or local government entity if—\nthe waste is generated by or for the entity as a result of the construction or maintenance of a State-controlled road, local government road or railway corridor; and\nthe transportation is between sites owned or operated by a State or local government entity.\nIf the relevant activity is transporting end-of-life tyres, the aggregate environmental score for the relevant activity is 2.\nIf the relevant activity is transporting regulated waste, other than end-of-life tyres, the aggregate environmental score for the relevant activity is the lesser of the following—\nthe number of registered vehicles for the relevant activity;\n36\nIn this section—\nregistered vehicle , for the relevant activity, means a vehicle that is registered, with the department, as a vehicle used to carry out the activity.\nself-haul transporting means transporting waste by or for a person if—\nthe person is the occupier of commercial premises where the waste is produced; and\nthe waste is transported from the premises free of charge.\nvehicle includes a part of an aircraft, boat, rolling stock, semi-trailer, tanker, trailer or truck used to transport waste.\n(sch.2-sec.57-ssec.1) Regulated waste transport (the relevant activity ) consists of transporting regulated waste in a vehicle.\n(sch.2-sec.57-ssec.2) The relevant activity does not include— transporting no more than 175kg of asbestos in a vehicle; or self-haul transporting no more than 250kg of regulated waste; or transporting waste by a State or local government entity if— the waste is generated by or for the entity as a result of the construction or maintenance of a State-controlled road, local government road or railway corridor; and the transportation is between sites owned or operated by a State or local government entity.\n(sch.2-sec.57-ssec.3) If the relevant activity is transporting end-of-life tyres, the aggregate environmental score for the relevant activity is 2.\n(sch.2-sec.57-ssec.4) If the relevant activity is transporting regulated waste, other than end-of-life tyres, the aggregate environmental score for the relevant activity is the lesser of the following— the number of registered vehicles for the relevant activity; 36\n(sch.2-sec.57-ssec.5) In this section— registered vehicle , for the relevant activity, means a vehicle that is registered, with the department, as a vehicle used to carry out the activity. self-haul transporting means transporting waste by or for a person if— the person is the occupier of commercial premises where the waste is produced; and the waste is transported from the premises free of charge. vehicle includes a part of an aircraft, boat, rolling stock, semi-trailer, tanker, trailer or truck used to transport waste.\n- (a) transporting no more than 175kg of asbestos in a vehicle; or\n- (b) self-haul transporting no more than 250kg of regulated waste; or\n- (c) transporting waste by a State or local government entity if— (i) the waste is generated by or for the entity as a result of the construction or maintenance of a State-controlled road, local government road or railway corridor; and (ii) the transportation is between sites owned or operated by a State or local government entity.\n- (i) the waste is generated by or for the entity as a result of the construction or maintenance of a State-controlled road, local government road or railway corridor; and\n- (ii) the transportation is between sites owned or operated by a State or local government entity.\n- (i) the waste is generated by or for the entity as a result of the construction or maintenance of a State-controlled road, local government road or railway corridor; and\n- (ii) the transportation is between sites owned or operated by a State or local government entity.\n- (a) the number of registered vehicles for the relevant activity;\n- (b) 36\n- (a) the person is the occupier of commercial premises where the waste is produced; and\n- (b) the waste is transported from the premises free of charge.","sortOrder":391},{"sectionNumber":"sch.2-sec.58","sectionType":"section","heading":"Section 58 not used","content":"### sch.2-sec.58 Section 58 not used\n\nSee editor’s note for this schedule.","sortOrder":392},{"sectionNumber":"sch.2-sec.59","sectionType":"section","heading":"Section 59 not used","content":"### sch.2-sec.59 Section 59 not used\n\nSee editor’s note for this schedule.","sortOrder":393},{"sectionNumber":"sch.2-sec.60","sectionType":"section","heading":"Waste disposal","content":"### sch.2-sec.60 Waste disposal\n\nWaste disposal (the relevant activity ) consists of only 1 of the following—\noperating a facility for disposing of—\nonly regulated waste; or\nregulated waste and any, or any combination, of the following—\ngeneral waste;\nlimited regulated waste;\nif the facility is in a scheduled area—no more than 5t of untreated clinical waste in a year;\noperating a facility for disposing of—\nonly general waste; or\ngeneral waste and either, or a combination, of the following—\na quantity of limited regulated waste that is no more than 10% of the total amount of waste received at the facility in a year;\nif the facility is in a scheduled area—no more than 5t of untreated clinical waste;\noperating a facility for disposing of only inert waste;\nmaintaining a decommissioned waste disposal facility.\nThe relevant activity does not include using clean earth as fill.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\noperating a facility for disposing of, in a year, the following quantity of waste mentioned in subsection (1) (a) —\nless than 50,000t\n65\nC\n50,000t to 100,000t\n92\nC\nmore than 100,000t but not more than 200,000t\n116\nC\nmore than 200,000t\n119\nC\noperating a facility for disposing of, in a year, the following quantity of waste mentioned in subsection (1) (b) —\nless than 2,000t\n18\nC\n2,000t to 5,000t\n27\nC\nmore than 5,000t but not more than 10,000t\n37\nC\nmore than 10,000t but not more than 20,000t\n45\nC\nmore than 20,000t but not more than 50,000t\n56\nC\nmore than 50,000t but not more than 100,000t\n65\nC\nmore than 100,000t but not more than 200,000t\n82\nC\nmore than 200,000t\n107\nC\noperating a facility for disposing of, in a year, the following quantity of waste mentioned in subsection (1) (c) —\nless than 50,000t\n28\nC\n50,000t to 100,000t\n35\nC\nmore than 100,000t but not more than 200,000t\n40\nC\nmore than 200,000t\n50\nC\nmaintaining a decommissioned waste disposal facility\n9\nIn this section—\ndecommissioned waste disposal facility —\nmeans a facility, for which a person holds or held an environmental authority, that—\nwas used for disposal of waste; and\nno longer accepts waste for disposal; and\nhas had a final capping system installed in accordance with the environmental authority; but\ndoes not include a landfill if the environmental authority for the landfill has been surrendered under chapter 5 , part 10 of the Act .\nfacility —\nincludes a naturally occurring or constructed hollow or pit, including, for example, a gully, mining shaft or quarry; but\ndoes not include a hollow or pit on a farm used for receiving and disposing of general waste produced on the farm.\ninert waste means—\nbricks, pavers, ceramics, concrete, glass or steel; or\nsimilar general waste that does not biodegrade or decompose.\nlimited regulated waste means any of the following types of regulated waste—\nanimal effluent and residues, including abattoir effluent and poultry and fish processing waste;\nasbestos;\nbiosecurity waste that has been rendered non-infectious;\nfood processing waste;\nsewage sludge or residue produced in carrying out an activity to which section 63 applies;\ntyres.\n(sch.2-sec.60-ssec.1) Waste disposal (the relevant activity ) consists of only 1 of the following— operating a facility for disposing of— only regulated waste; or regulated waste and any, or any combination, of the following— general waste; limited regulated waste; if the facility is in a scheduled area—no more than 5t of untreated clinical waste in a year; operating a facility for disposing of— only general waste; or general waste and either, or a combination, of the following— a quantity of limited regulated waste that is no more than 10% of the total amount of waste received at the facility in a year; if the facility is in a scheduled area—no more than 5t of untreated clinical waste; operating a facility for disposing of only inert waste; maintaining a decommissioned waste disposal facility.\n(sch.2-sec.60-ssec.2) The relevant activity does not include using clean earth as fill.\n(sch.2-sec.60-ssec.3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 operating a facility for disposing of, in a year, the following quantity of waste mentioned in subsection (1) (a) — less than 50,000t 65 C 50,000t to 100,000t 92 C more than 100,000t but not more than 200,000t 116 C more than 200,000t 119 C operating a facility for disposing of, in a year, the following quantity of waste mentioned in subsection (1) (b) — less than 2,000t 18 C 2,000t to 5,000t 27 C more than 5,000t but not more than 10,000t 37 C more than 10,000t but not more than 20,000t 45 C more than 20,000t but not more than 50,000t 56 C more than 50,000t but not more than 100,000t 65 C more than 100,000t but not more than 200,000t 82 C more than 200,000t 107 C operating a facility for disposing of, in a year, the following quantity of waste mentioned in subsection (1) (c) — less than 50,000t 28 C 50,000t to 100,000t 35 C more than 100,000t but not more than 200,000t 40 C more than 200,000t 50 C maintaining a decommissioned waste disposal facility 9\n(sch.2-sec.60-ssec.4) In this section— decommissioned waste disposal facility — means a facility, for which a person holds or held an environmental authority, that— was used for disposal of waste; and no longer accepts waste for disposal; and has had a final capping system installed in accordance with the environmental authority; but does not include a landfill if the environmental authority for the landfill has been surrendered under chapter 5 , part 10 of the Act . facility — includes a naturally occurring or constructed hollow or pit, including, for example, a gully, mining shaft or quarry; but does not include a hollow or pit on a farm used for receiving and disposing of general waste produced on the farm. inert waste means— bricks, pavers, ceramics, concrete, glass or steel; or similar general waste that does not biodegrade or decompose. limited regulated waste means any of the following types of regulated waste— animal effluent and residues, including abattoir effluent and poultry and fish processing waste; asbestos; biosecurity waste that has been rendered non-infectious; food processing waste; sewage sludge or residue produced in carrying out an activity to which section 63 applies; tyres.\n- (a) operating a facility for disposing of— (i) only regulated waste; or (ii) regulated waste and any, or any combination, of the following— (A) general waste; (B) limited regulated waste; (C) if the facility is in a scheduled area—no more than 5t of untreated clinical waste in a year;\n- (i) only regulated waste; or\n- (ii) regulated waste and any, or any combination, of the following— (A) general waste; (B) limited regulated waste; (C) if the facility is in a scheduled area—no more than 5t of untreated clinical waste in a year;\n- (A) general waste;\n- (B) limited regulated waste;\n- (C) if the facility is in a scheduled area—no more than 5t of untreated clinical waste in a year;\n- (b) operating a facility for disposing of— (i) only general waste; or (ii) general waste and either, or a combination, of the following— (A) a quantity of limited regulated waste that is no more than 10% of the total amount of waste received at the facility in a year; (B) if the facility is in a scheduled area—no more than 5t of untreated clinical waste;\n- (i) only general waste; or\n- (ii) general waste and either, or a combination, of the following— (A) a quantity of limited regulated waste that is no more than 10% of the total amount of waste received at the facility in a year; (B) if the facility is in a scheduled area—no more than 5t of untreated clinical waste;\n- (A) a quantity of limited regulated waste that is no more than 10% of the total amount of waste received at the facility in a year;\n- (B) if the facility is in a scheduled area—no more than 5t of untreated clinical waste;\n- (c) operating a facility for disposing of only inert waste;\n- (d) maintaining a decommissioned waste disposal facility.\n- (i) only regulated waste; or\n- (ii) regulated waste and any, or any combination, of the following— (A) general waste; (B) limited regulated waste; (C) if the facility is in a scheduled area—no more than 5t of untreated clinical waste in a year;\n- (A) general waste;\n- (B) limited regulated waste;\n- (C) if the facility is in a scheduled area—no more than 5t of untreated clinical waste in a year;\n- (A) general waste;\n- (B) limited regulated waste;\n- (C) if the facility is in a scheduled area—no more than 5t of untreated clinical waste in a year;\n- (i) only general waste; or\n- (ii) general waste and either, or a combination, of the following— (A) a quantity of limited regulated waste that is no more than 10% of the total amount of waste received at the facility in a year; (B) if the facility is in a scheduled area—no more than 5t of untreated clinical waste;\n- (A) a quantity of limited regulated waste that is no more than 10% of the total amount of waste received at the facility in a year;\n- (B) if the facility is in a scheduled area—no more than 5t of untreated clinical waste;\n- (A) a quantity of limited regulated waste that is no more than 10% of the total amount of waste received at the facility in a year;\n- (B) if the facility is in a scheduled area—no more than 5t of untreated clinical waste;\n- (a) means a facility, for which a person holds or held an environmental authority, that— (i) was used for disposal of waste; and (ii) no longer accepts waste for disposal; and (iii) has had a final capping system installed in accordance with the environmental authority; but\n- (i) was used for disposal of waste; and\n- (ii) no longer accepts waste for disposal; and\n- (iii) has had a final capping system installed in accordance with the environmental authority; but\n- (b) does not include a landfill if the environmental authority for the landfill has been surrendered under chapter 5 , part 10 of the Act .\n- (i) was used for disposal of waste; and\n- (ii) no longer accepts waste for disposal; and\n- (iii) has had a final capping system installed in accordance with the environmental authority; but\n- (a) includes a naturally occurring or constructed hollow or pit, including, for example, a gully, mining shaft or quarry; but\n- (b) does not include a hollow or pit on a farm used for receiving and disposing of general waste produced on the farm.\n- (a) bricks, pavers, ceramics, concrete, glass or steel; or\n- (b) similar general waste that does not biodegrade or decompose.\n- (a) animal effluent and residues, including abattoir effluent and poultry and fish processing waste;\n- (b) asbestos;\n- (c) biosecurity waste that has been rendered non-infectious;\n- (d) food processing waste;\n- (e) sewage sludge or residue produced in carrying out an activity to which section 63 applies;\n- (f) tyres.","sortOrder":394},{"sectionNumber":"sch.2-sec.61","sectionType":"section","heading":"Thermal waste reprocessing and treatment","content":"### sch.2-sec.61 Thermal waste reprocessing and treatment\n\nThermal waste reprocessing and treatment (the relevant activity ) consists of operating a facility for thermally reprocessing or treating waste.\nThe relevant activity does not include burning waste under the Fire Services Act 1990 .\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\nthermally reprocessing or treating, in a year, the following quantity of general waste—\n5,000t or less\n33\nC\nmore than 5,000t but not more than 10,000t\n39\nC\nmore than 10,000t\n45\nC\nthermally reprocessing or treating, in a year, the following quantity of category 2 regulated waste—\n5,000t or less\n43\nC\nmore than 5,000t but not more than 10,000t\n57\nC\nmore than 10,000t\n70\nC\nthermally reprocessing or treating, in a year, the following quantity of category 1 regulated waste—\n5,000t or less\n51\nC\nmore than 5,000t but not more than 10,000t\n69\nC\nmore than 10,000t\n87\nC\nthermally reprocessing or treating clinical waste or biosecurity waste\n51\nC\nIn this section—\nthermally reprocessing or treating , in relation to waste, means reprocessing or treating the waste by applying heat to the waste to change its chemical composition.\ngasification, incineration, pyrolysis, use of a plasma arc\nreprocessing includes recycling.\nsch 2 s 61 amd 2024 Act No. 22 s 92 sch 1\n(sch.2-sec.61-ssec.1) Thermal waste reprocessing and treatment (the relevant activity ) consists of operating a facility for thermally reprocessing or treating waste.\n(sch.2-sec.61-ssec.2) The relevant activity does not include burning waste under the Fire Services Act 1990 .\n(sch.2-sec.61-ssec.3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 thermally reprocessing or treating, in a year, the following quantity of general waste— 5,000t or less 33 C more than 5,000t but not more than 10,000t 39 C more than 10,000t 45 C thermally reprocessing or treating, in a year, the following quantity of category 2 regulated waste— 5,000t or less 43 C more than 5,000t but not more than 10,000t 57 C more than 10,000t 70 C thermally reprocessing or treating, in a year, the following quantity of category 1 regulated waste— 5,000t or less 51 C more than 5,000t but not more than 10,000t 69 C more than 10,000t 87 C thermally reprocessing or treating clinical waste or biosecurity waste 51 C\n(sch.2-sec.61-ssec.4) In this section— thermally reprocessing or treating , in relation to waste, means reprocessing or treating the waste by applying heat to the waste to change its chemical composition. gasification, incineration, pyrolysis, use of a plasma arc reprocessing includes recycling.","sortOrder":395},{"sectionNumber":"sch.2-sec.62","sectionType":"section","heading":"Resource recovery and transfer facility operation","content":"### sch.2-sec.62 Resource recovery and transfer facility operation\n\nResource recovery and transfer facility operation (the relevant activity ) consists of operating a facility for—\nreceiving and sorting, dismantling or baling waste; or\nreceiving and temporarily storing waste before it is moved to a waste facility.\nThe relevant activity does not include—\nin-transit storing of waste; or \na local government operating a facility that receives a total quantity of not more than 11,000t or 11,000m 3 of waste in a year; or\nsorting and storing waste, generated by or because of a disaster situation, during the period of, and in the declared area for, the disaster situation; or\nstoring waste, for not more than 28 days, in accordance with an accredited product stewardship scheme; or\nstoring clinical waste consisting only of sharps in sharps containers that comply with AS 4031 or AS/NZS 4261; or\nstoring chemically-treated power poles; or\noperating a container refund point under the Waste Reduction and Recycling Act 2011 , chapter 4 , part 3B ; or\nsorting or storing—\na total quantity of no more than 6t or 6m 3 of general waste at any one time; or\na total quantity of no more than 4t or 4m 3 of category 2 regulated waste, other than intact or partly disassembled lead acid batteries, at any one time; or\na total quantity of no more than 45t of, or 3,000, intact or partly disassembled lead acid batteries at any one time; or\na total quantity of no more than 1t or 1m 3 of category 1 regulated waste at any one time; or\nthe receiving and sorting of waste by a State or local government entity if the waste is—\ngenerated by or for the entity as a result of the construction or maintenance of a State-controlled road, local government road or railway corridor; and\nstored—\non the road or railway corridor mentioned in paragraph (i) ; or\non a site owned or operated by a State or local government entity.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out.\nThreshold\nAggregate environmental score\n3\noperating a facility for receiving and sorting, dismantling, baling or temporarily storing—\nscrap metal, non-putrescible waste or green waste only\n6\ngeneral waste\n14\nC\ncategory 2 regulated waste\n26\nC\ncategory 1 regulated waste\n35\nC\noperating a facility for receiving and sorting, baling or temporarily storing end-of-life tyres only\n14\nC\nIn this section—\naccredited product stewardship scheme see the Waste Reduction and Recycling Act 2011 , section 87 (2) .\nAS 4031 means AS 4031—1992 (Non-reusable containers for the collection of sharp medical items used in health care areas).\nAS/NZS 4261 means AS/NZS 4261—1994 (Reusable containers for the collection of sharp items used in human and animal medical applications).\ndeclared area see the Disaster Management Act 2003 , schedule .\ndisaster situation see the Disaster Management Act 2003 , schedule .\nin-transit storage , of waste, means storage of the waste in a vehicle or container for no more than 5 days at a place if, during the storage, the waste is not removed from the vehicle or container.\nperiod , of a disaster situation, see the Disaster Management Act 2003 , schedule .\nsch 2 s 62 amd 2022 SL No. 85 s 4\n(sch.2-sec.62-ssec.1) Resource recovery and transfer facility operation (the relevant activity ) consists of operating a facility for— receiving and sorting, dismantling or baling waste; or receiving and temporarily storing waste before it is moved to a waste facility.\n(sch.2-sec.62-ssec.2) The relevant activity does not include— in-transit storing of waste; or  a local government operating a facility that receives a total quantity of not more than 11,000t or 11,000m 3 of waste in a year; or sorting and storing waste, generated by or because of a disaster situation, during the period of, and in the declared area for, the disaster situation; or storing waste, for not more than 28 days, in accordance with an accredited product stewardship scheme; or storing clinical waste consisting only of sharps in sharps containers that comply with AS 4031 or AS/NZS 4261; or storing chemically-treated power poles; or operating a container refund point under the Waste Reduction and Recycling Act 2011 , chapter 4 , part 3B ; or sorting or storing— a total quantity of no more than 6t or 6m 3 of general waste at any one time; or a total quantity of no more than 4t or 4m 3 of category 2 regulated waste, other than intact or partly disassembled lead acid batteries, at any one time; or a total quantity of no more than 45t of, or 3,000, intact or partly disassembled lead acid batteries at any one time; or a total quantity of no more than 1t or 1m 3 of category 1 regulated waste at any one time; or the receiving and sorting of waste by a State or local government entity if the waste is— generated by or for the entity as a result of the construction or maintenance of a State-controlled road, local government road or railway corridor; and stored— on the road or railway corridor mentioned in paragraph (i) ; or on a site owned or operated by a State or local government entity.\n(sch.2-sec.62-ssec.3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate environmental score 3 operating a facility for receiving and sorting, dismantling, baling or temporarily storing— scrap metal, non-putrescible waste or green waste only 6 general waste 14 C category 2 regulated waste 26 C category 1 regulated waste 35 C operating a facility for receiving and sorting, baling or temporarily storing end-of-life tyres only 14 C\n(sch.2-sec.62-ssec.4) In this section— accredited product stewardship scheme see the Waste Reduction and Recycling Act 2011 , section 87 (2) . AS 4031 means AS 4031—1992 (Non-reusable containers for the collection of sharp medical items used in health care areas). AS/NZS 4261 means AS/NZS 4261—1994 (Reusable containers for the collection of sharp items used in human and animal medical applications). declared area see the Disaster Management Act 2003 , schedule . disaster situation see the Disaster Management Act 2003 , schedule . in-transit storage , of waste, means storage of the waste in a vehicle or container for no more than 5 days at a place if, during the storage, the waste is not removed from the vehicle or container. period , of a disaster situation, see the Disaster Management Act 2003 , schedule .\n- (a) receiving and sorting, dismantling or baling waste; or\n- (b) receiving and temporarily storing waste before it is moved to a waste facility.\n- (a) in-transit storing of waste; or \n- (b) a local government operating a facility that receives a total quantity of not more than 11,000t or 11,000m 3 of waste in a year; or\n- (c) sorting and storing waste, generated by or because of a disaster situation, during the period of, and in the declared area for, the disaster situation; or\n- (d) storing waste, for not more than 28 days, in accordance with an accredited product stewardship scheme; or\n- (e) storing clinical waste consisting only of sharps in sharps containers that comply with AS 4031 or AS/NZS 4261; or\n- (f) storing chemically-treated power poles; or\n- (g) operating a container refund point under the Waste Reduction and Recycling Act 2011 , chapter 4 , part 3B ; or\n- (h) sorting or storing— (i) a total quantity of no more than 6t or 6m 3 of general waste at any one time; or (ii) a total quantity of no more than 4t or 4m 3 of category 2 regulated waste, other than intact or partly disassembled lead acid batteries, at any one time; or (iii) a total quantity of no more than 45t of, or 3,000, intact or partly disassembled lead acid batteries at any one time; or (iv) a total quantity of no more than 1t or 1m 3 of category 1 regulated waste at any one time; or\n- (i) a total quantity of no more than 6t or 6m 3 of general waste at any one time; or\n- (ii) a total quantity of no more than 4t or 4m 3 of category 2 regulated waste, other than intact or partly disassembled lead acid batteries, at any one time; or\n- (iii) a total quantity of no more than 45t of, or 3,000, intact or partly disassembled lead acid batteries at any one time; or\n- (iv) a total quantity of no more than 1t or 1m 3 of category 1 regulated waste at any one time; or\n- (i) the receiving and sorting of waste by a State or local government entity if the waste is— (i) generated by or for the entity as a result of the construction or maintenance of a State-controlled road, local government road or railway corridor; and (ii) stored— (A) on the road or railway corridor mentioned in paragraph (i) ; or (B) on a site owned or operated by a State or local government entity.\n- (i) generated by or for the entity as a result of the construction or maintenance of a State-controlled road, local government road or railway corridor; and\n- (ii) stored— (A) on the road or railway corridor mentioned in paragraph (i) ; or (B) on a site owned or operated by a State or local government entity.\n- (A) on the road or railway corridor mentioned in paragraph (i) ; or\n- (B) on a site owned or operated by a State or local government entity.\n- (i) a total quantity of no more than 6t or 6m 3 of general waste at any one time; or\n- (ii) a total quantity of no more than 4t or 4m 3 of category 2 regulated waste, other than intact or partly disassembled lead acid batteries, at any one time; or\n- (iii) a total quantity of no more than 45t of, or 3,000, intact or partly disassembled lead acid batteries at any one time; or\n- (iv) a total quantity of no more than 1t or 1m 3 of category 1 regulated waste at any one time; or\n- (i) generated by or for the entity as a result of the construction or maintenance of a State-controlled road, local government road or railway corridor; and\n- (ii) stored— (A) on the road or railway corridor mentioned in paragraph (i) ; or (B) on a site owned or operated by a State or local government entity.\n- (A) on the road or railway corridor mentioned in paragraph (i) ; or\n- (B) on a site owned or operated by a State or local government entity.\n- (A) on the road or railway corridor mentioned in paragraph (i) ; or\n- (B) on a site owned or operated by a State or local government entity.","sortOrder":396},{"sectionNumber":"sch.2-pt.13","sectionType":"part","heading":"Water treatment services","content":"# Water treatment services","sortOrder":397},{"sectionNumber":"sch.2-sec.63","sectionType":"section","heading":"Sewage treatment","content":"### sch.2-sec.63 Sewage treatment\n\nSewage treatment (the relevant activity ) consists of—\noperating 1 or more sewage treatment works at a site that have a total daily peak design capacity of at least 21EP; or\noperating a sewage pumping station with a total design capacity of more than 40KL in an hour, if the operation of the pumping station is not an essential part of the operation of sewage treatment works to which paragraph (a) applies.\nThe relevant activity does not include—\ncarrying out works, other than operating a sewage pumping station mentioned in subsection (1) (b) , involving only infrastructure for the collection of sewage, including, for example, pipes; or\ncarrying out works involving either of the following—\noperating or maintaining composting toilets;\ntreating or recycling greywater; or\noperating no-release works.\nIn the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\noperating sewage treatment works, other than no-release works, with a total daily peak design capacity of—\n21 to 100EP—\nif treated effluent is discharged from the works to an infiltration trench or through an irrigation scheme; or\n14\notherwise\n27\nC\nmore than 100 but not more than 1,500EP—\nif treated effluent is discharged from the works to an infiltration trench or through an irrigation scheme; or\n27\notherwise\n53\nC\nmore than 1,500 but not more than 4,000EP\n76\nC\nmore than 4,000 but not more than 10,000EP\n89\nC\nmore than 10,000 but not more than 50,000EP\n114\nC\nmore than 50,000 but not more than 100,000EP\n125\nC\nmore than 100,000EP\n145\nC\noperating a sewage pumping station mentioned in subsection (1) (b)\nno score\nIn this section—\ndaily peak design capacity , for sewage treatment works, means the higher EP for the works calculated using each of the following formulae—\nEP = V / 200\nwhere—\nV is the volume, in litres, of the average dry weather flow of sewage that can be treated at the works in a day;\nEP = M / 2.5\nwhere—\nM is the mass, in grams, of phosphorus in the untreated influent that the works are designed to treat as the inlet load in a day.\nno-release works means sewage treatment works from which neither solid nor liquid contaminants are released to the environment, whether from inside or outside the works.\noperating , sewage treatment works, includes—\ncollecting gas from the treatment works; and\noperating a pump station or other works associated with the treatment works.\n(sch.2-sec.63-ssec.1) Sewage treatment (the relevant activity ) consists of— operating 1 or more sewage treatment works at a site that have a total daily peak design capacity of at least 21EP; or operating a sewage pumping station with a total design capacity of more than 40KL in an hour, if the operation of the pumping station is not an essential part of the operation of sewage treatment works to which paragraph (a) applies.\n(sch.2-sec.63-ssec.2) The relevant activity does not include— carrying out works, other than operating a sewage pumping station mentioned in subsection (1) (b) , involving only infrastructure for the collection of sewage, including, for example, pipes; or carrying out works involving either of the following— operating or maintaining composting toilets; treating or recycling greywater; or operating no-release works.\n(sch.2-sec.63-ssec.3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 operating sewage treatment works, other than no-release works, with a total daily peak design capacity of— 21 to 100EP— if treated effluent is discharged from the works to an infiltration trench or through an irrigation scheme; or 14 otherwise 27 C more than 100 but not more than 1,500EP— if treated effluent is discharged from the works to an infiltration trench or through an irrigation scheme; or 27 otherwise 53 C more than 1,500 but not more than 4,000EP 76 C more than 4,000 but not more than 10,000EP 89 C more than 10,000 but not more than 50,000EP 114 C more than 50,000 but not more than 100,000EP 125 C more than 100,000EP 145 C operating a sewage pumping station mentioned in subsection (1) (b) no score\n(sch.2-sec.63-ssec.4) In this section— daily peak design capacity , for sewage treatment works, means the higher EP for the works calculated using each of the following formulae— EP = V / 200 where— V is the volume, in litres, of the average dry weather flow of sewage that can be treated at the works in a day; EP = M / 2.5 where— M is the mass, in grams, of phosphorus in the untreated influent that the works are designed to treat as the inlet load in a day. no-release works means sewage treatment works from which neither solid nor liquid contaminants are released to the environment, whether from inside or outside the works. operating , sewage treatment works, includes— collecting gas from the treatment works; and operating a pump station or other works associated with the treatment works.\n- (a) operating 1 or more sewage treatment works at a site that have a total daily peak design capacity of at least 21EP; or\n- (b) operating a sewage pumping station with a total design capacity of more than 40KL in an hour, if the operation of the pumping station is not an essential part of the operation of sewage treatment works to which paragraph (a) applies.\n- (a) carrying out works, other than operating a sewage pumping station mentioned in subsection (1) (b) , involving only infrastructure for the collection of sewage, including, for example, pipes; or\n- (b) carrying out works involving either of the following— (i) operating or maintaining composting toilets; (ii) treating or recycling greywater; or\n- (i) operating or maintaining composting toilets;\n- (ii) treating or recycling greywater; or\n- (c) operating no-release works.\n- (i) operating or maintaining composting toilets;\n- (ii) treating or recycling greywater; or\n- (a) EP = V / 200\n- where—\n- V is the volume, in litres, of the average dry weather flow of sewage that can be treated at the works in a day;\n- (b) EP = M / 2.5\n- where—\n- M is the mass, in grams, of phosphorus in the untreated influent that the works are designed to treat as the inlet load in a day.\n- (a) collecting gas from the treatment works; and\n- (b) operating a pump station or other works associated with the treatment works.","sortOrder":398},{"sectionNumber":"sch.2-sec.64","sectionType":"section","heading":"Water treatment","content":"### sch.2-sec.64 Water treatment\n\nWater treatment (the relevant activity ) consists of carrying out any of the following activities in a way that allows waste, whether treated or untreated, to be released into the environment—\ndesalinating 0.5ML or more of water in a day;\ntreating 10ML or more of raw water in a day;\ncarrying out advanced treatment of 5ML or more of water in a day.\nThe relevant activity does not include—\ntreating water in a way that allows liquid or solid waste to be released only to the following—\na local government’s sewerage infrastructure;\na facility mentioned in section 55 , 60 , 61 or 62; or\ntreating water if the only treatment is disinfection or fluoridation; or\ntreating water in association with carrying out an activity to which section 55 , 60 , 61 , 62 or 63 applies.\nIn the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.\nThreshold\nAggregate environmental score\n3\ndesalinating, in a day, the following quantity of water, allowing the release of waste only to seawater—\n0.5ML to 5ML\nno score\nmore than 5ML\n7\ndesalinating, in a day, the following quantity of water, allowing the release of waste to waters other than seawater—\n0.5ML to 5ML\n8\nC\nmore than 5ML\n13\nC\ntreating 10ML or more raw water in a day\n26\nC\ncarrying out, in a day, advanced treatment of 5ML or more of water, allowing the release of waste—\nonly to seawater; or\n34\nC\nto waters other than seawater\n45\nC\nIn this section—\nadvanced treatment , of water, means the treatment of water that has been treated in a sewage treatment plant by removing dissolved salts so that the water is potable or suitable for agricultural or industrial use.\nmixed water means water that has undergone advanced water treatment and has been mixed with raw water.\nraw water means—\nwater derived—\ndirectly from surface water; or\nfrom groundwater; or\nmixed water.\nseawater means tidal waters, other than tidal waters between the banks of a river or stream.\n(sch.2-sec.64-ssec.1) Water treatment (the relevant activity ) consists of carrying out any of the following activities in a way that allows waste, whether treated or untreated, to be released into the environment— desalinating 0.5ML or more of water in a day; treating 10ML or more of raw water in a day; carrying out advanced treatment of 5ML or more of water in a day.\n(sch.2-sec.64-ssec.2) The relevant activity does not include— treating water in a way that allows liquid or solid waste to be released only to the following— a local government’s sewerage infrastructure; a facility mentioned in section 55 , 60 , 61 or 62; or treating water if the only treatment is disinfection or fluoridation; or treating water in association with carrying out an activity to which section 55 , 60 , 61 , 62 or 63 applies.\n(sch.2-sec.64-ssec.3) In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 3 desalinating, in a day, the following quantity of water, allowing the release of waste only to seawater— 0.5ML to 5ML no score more than 5ML 7 desalinating, in a day, the following quantity of water, allowing the release of waste to waters other than seawater— 0.5ML to 5ML 8 C more than 5ML 13 C treating 10ML or more raw water in a day 26 C carrying out, in a day, advanced treatment of 5ML or more of water, allowing the release of waste— only to seawater; or 34 C to waters other than seawater 45 C\n(sch.2-sec.64-ssec.4) In this section— advanced treatment , of water, means the treatment of water that has been treated in a sewage treatment plant by removing dissolved salts so that the water is potable or suitable for agricultural or industrial use. mixed water means water that has undergone advanced water treatment and has been mixed with raw water. raw water means— water derived— directly from surface water; or from groundwater; or mixed water. seawater means tidal waters, other than tidal waters between the banks of a river or stream.\n- (a) desalinating 0.5ML or more of water in a day;\n- (b) treating 10ML or more of raw water in a day;\n- (c) carrying out advanced treatment of 5ML or more of water in a day.\n- (a) treating water in a way that allows liquid or solid waste to be released only to the following— (i) a local government’s sewerage infrastructure; (ii) a facility mentioned in section 55 , 60 , 61 or 62; or\n- (i) a local government’s sewerage infrastructure;\n- (ii) a facility mentioned in section 55 , 60 , 61 or 62; or\n- (b) treating water if the only treatment is disinfection or fluoridation; or\n- (c) treating water in association with carrying out an activity to which section 55 , 60 , 61 , 62 or 63 applies.\n- (i) a local government’s sewerage infrastructure;\n- (ii) a facility mentioned in section 55 , 60 , 61 or 62; or\n- (a) water derived— (i) directly from surface water; or (ii) from groundwater; or\n- (i) directly from surface water; or\n- (ii) from groundwater; or\n- (b) mixed water.\n- (i) directly from surface water; or\n- (ii) from groundwater; or","sortOrder":399},{"sectionNumber":"sch.6-pt.1","sectionType":"part","heading":"Definitions for schedule","content":"# Definitions for schedule","sortOrder":400},{"sectionNumber":"sch.6-pt.2","sectionType":"part","heading":"Conditions for mining claims and exploration permits","content":"# Conditions for mining claims and exploration permits","sortOrder":401},{"sectionNumber":"sch.6-pt.3","sectionType":"part","heading":"Additional conditions for exploration permits","content":"# Additional conditions for exploration permits","sortOrder":402},{"sectionNumber":"sch.7-pt.1","sectionType":"part","heading":"Agricultural ERA standards","content":"# Agricultural ERA standards","sortOrder":403},{"sectionNumber":"sch.7-pt.2","sectionType":"part","heading":"Other ERA standards","content":"# Other ERA standards","sortOrder":404},{"sectionNumber":"sch.8-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":405},{"sectionNumber":"sch.8-sec.1","sectionType":"section","heading":"Definitions for schedule","content":"### sch.8-sec.1 Definitions for schedule\n\nIn this schedule—\napplication means an application for which an environmental objective assessment must be carried out.\ncontingency measures means measures planned and implemented to minimise the risk to the environment of releases of emissions into the environment during periods when an activity may not be operating under normal conditions.\nexisting flow regime , for water or a watercourse or wetland, means the flow regime for water or a watercourse or wetland existing prior to any discharge of water or contaminants into water or a watercourse or wetland caused from the carrying out of an activity.\nfugitive emissions means emissions that are not captured by a collection system or vent system.\nperformance outcome means a performance outcome mentioned in part 3 , division 1 or 2 .\nregulated structure means a structure that is assessed as being a regulated structure under the document called ‘Manual for assessing consequence categories and hydraulic performance of structures’, published by the department.\nshut down and start up emissions means emissions released into the environment during the commencement and completion of a process, including a temporary suspension of an operation.\nstable , for a site, means the rehabilitation and restoration of the site is enduring or permanent so that the site is unlikely to collapse, erode or subside.","sortOrder":406},{"sectionNumber":"sch.8-pt.2","sectionType":"part","heading":"General matters to be addressed by environmental objective assessment","content":"# General matters to be addressed by environmental objective assessment","sortOrder":407},{"sectionNumber":"sch.8-sec.2","sectionType":"section","heading":"General information","content":"### sch.8-sec.2 General information\n\nThe assessor must decide the extent to which the application achieves each environmental objective relevant to the application.\nHowever, if the application is accompanied by a proposed PRCP schedule or draft PRCP schedule, part 3 , division 1 , entry for ‘Land’, performance outcome 2(b) does not apply for the assessment.\nIn assessing whether the application achieves the relevant environmental objective, the assessor must decide whether the activity the subject of the application achieves item 1 of the performance outcome stated for the environmental objective.\nIf the assessor is not satisfied the activity the subject of the application achieves item 1 of the performance outcome for the relevant environmental objective, the assessor must decide whether the activity achieves the relevant item 2 performance outcomes stated for the environmental objective.\nThe application achieves the relevant environmental objective if the assessor is satisfied the activity the subject of the application achieves—\nitem 1 of the performance outcome for the relevant environmental objective; or\nitem 2 of the performance outcomes for the relevant environmental objective.\nIf the assessor is not satisfied the application achieves a performance outcome for the relevant environmental objective, the assessor may still decide the application achieves the relevant environmental objective if the application includes alternative measures for the activity the subject of the application to achieve the environmental objective.\nNothing in this schedule prevents the assessor from granting an application that the assessor considers does not satisfy each environmental objective mentioned in this schedule or prevents the assessor from refusing to grant an application the assessor is satisfied achieves each environmental objective mentioned in this schedule.\nsch 8 s 2 amd 2019 SL No. 198 s 13\n(sch.8-sec.2-ssec.1) The assessor must decide the extent to which the application achieves each environmental objective relevant to the application.\n(sch.8-sec.2-ssec.1A) However, if the application is accompanied by a proposed PRCP schedule or draft PRCP schedule, part 3 , division 1 , entry for ‘Land’, performance outcome 2(b) does not apply for the assessment.\n(sch.8-sec.2-ssec.2) In assessing whether the application achieves the relevant environmental objective, the assessor must decide whether the activity the subject of the application achieves item 1 of the performance outcome stated for the environmental objective.\n(sch.8-sec.2-ssec.3) If the assessor is not satisfied the activity the subject of the application achieves item 1 of the performance outcome for the relevant environmental objective, the assessor must decide whether the activity achieves the relevant item 2 performance outcomes stated for the environmental objective.\n(sch.8-sec.2-ssec.4) The application achieves the relevant environmental objective if the assessor is satisfied the activity the subject of the application achieves— item 1 of the performance outcome for the relevant environmental objective; or item 2 of the performance outcomes for the relevant environmental objective.\n(sch.8-sec.2-ssec.5) If the assessor is not satisfied the application achieves a performance outcome for the relevant environmental objective, the assessor may still decide the application achieves the relevant environmental objective if the application includes alternative measures for the activity the subject of the application to achieve the environmental objective. Nothing in this schedule prevents the assessor from granting an application that the assessor considers does not satisfy each environmental objective mentioned in this schedule or prevents the assessor from refusing to grant an application the assessor is satisfied achieves each environmental objective mentioned in this schedule.\n- (a) item 1 of the performance outcome for the relevant environmental objective; or\n- (b) item 2 of the performance outcomes for the relevant environmental objective.","sortOrder":408},{"sectionNumber":"sch.8-sec.3","sectionType":"section","heading":"Assessing whether application minimised adverse effects","content":"### sch.8-sec.3 Assessing whether application minimised adverse effects\n\nIf a performance outcome requires the assessor to assess whether an adverse effect has been minimised, an adverse effect has been minimised if the assessor is satisfied all reasonably practicable measures have been taken to minimise the adverse effect.\nIn deciding whether all reasonably practicable measures have been taken to minimise the adverse effect, the assessor must consider the following matters—\nthe nature of the harm or potential harm;\nthe sensitivity of the receiving environment;\nthe current state of technical knowledge for the activity;\nthe likelihood of successful application of different measures that might be taken to minimise the adverse effects;\nthe financial implications of the different measures as they would relate to the type of activity;\nif the adverse effect is caused by the location of the activity being carried out, whether it is feasible to carry out the activity at another location.\nsch 8 s 3 amd 2024 Act No. 30 s 58\n(sch.8-sec.3-ssec.1) If a performance outcome requires the assessor to assess whether an adverse effect has been minimised, an adverse effect has been minimised if the assessor is satisfied all reasonably practicable measures have been taken to minimise the adverse effect.\n(sch.8-sec.3-ssec.2) In deciding whether all reasonably practicable measures have been taken to minimise the adverse effect, the assessor must consider the following matters— the nature of the harm or potential harm; the sensitivity of the receiving environment; the current state of technical knowledge for the activity; the likelihood of successful application of different measures that might be taken to minimise the adverse effects; the financial implications of the different measures as they would relate to the type of activity; if the adverse effect is caused by the location of the activity being carried out, whether it is feasible to carry out the activity at another location.\n- (a) the nature of the harm or potential harm;\n- (b) the sensitivity of the receiving environment;\n- (c) the current state of technical knowledge for the activity;\n- (d) the likelihood of successful application of different measures that might be taken to minimise the adverse effects;\n- (e) the financial implications of the different measures as they would relate to the type of activity;\n- (f) if the adverse effect is caused by the location of the activity being carried out, whether it is feasible to carry out the activity at another location.","sortOrder":409},{"sectionNumber":"sch.8-pt.3","sectionType":"part","heading":"Environmental objectives and performance outcomes","content":"# Environmental objectives and performance outcomes","sortOrder":410},{"sectionNumber":"sch.8-pt.3-div.1","sectionType":"division","heading":"Operational assessment","content":"## Operational assessment","sortOrder":411},{"sectionNumber":"sch.8-pt.3-div.2","sectionType":"division","heading":"Land use assessment","content":"## Land use assessment","sortOrder":412},{"sectionNumber":"sch.8A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":413},{"sectionNumber":"sch.8A-sec.1","sectionType":"section","heading":"Definitions for schedule","content":"### sch.8A-sec.1 Definitions for schedule\n\nIn this schedule—\navailable for improvement , in relation to land in an improvement area for a non-use management area, means land in the improvement area that is not being mined, other than land to which any of the following applies—\nthe land is being used for operating infrastructure or machinery for mining, including, for example, a dam or water storage facility;\nthe land is identified in the PRCP schedule or the application for an environmental authority relating to the schedule as containing a probable or proved ore reserve that is to be mined within 10 years after the land would otherwise have become available for improvement;\nthe land is required for the mining of a probable or proved ore reserve mentioned in paragraph (b) .\nimprovement area , for a non-use management area, means an area of land in the non-use management area to which a management milestone relates.\nmilestone criteria , for a management milestone or a rehabilitation milestone, means requirements that must be met to achieve the milestone.\nmined see section 126D (6) of the Act .\nrehabilitation area , for land the subject of a post-mining land use, means an area of the land to which a rehabilitation milestone for the post-mining use relates.\nsufficient improvement , of a non-use management area, means the last management milestone for the area has been achieved.\nsch 8A s 1 ins 2019 SL No. 198 s 14\n- (a) the land is being used for operating infrastructure or machinery for mining, including, for example, a dam or water storage facility;\n- (b) the land is identified in the PRCP schedule or the application for an environmental authority relating to the schedule as containing a probable or proved ore reserve that is to be mined within 10 years after the land would otherwise have become available for improvement;\n- (c) the land is required for the mining of a probable or proved ore reserve mentioned in paragraph (b) .","sortOrder":414},{"sectionNumber":"sch.8A-pt.2","sectionType":"part","heading":"Matters for carrying out PRCP objective assessments","content":"# Matters for carrying out PRCP objective assessments","sortOrder":415},{"sectionNumber":"sch.8A-sec.2","sectionType":"section","heading":"Requirements for carrying out PRCP objective assessment","content":"### sch.8A-sec.2 Requirements for carrying out PRCP objective assessment\n\nThe administering authority must consider whether the PRCP schedule achieves each PRCP objective stated in part 3 for the PRCP schedule.\nA PRCP schedule achieves the PRCP objective stated in part 3 , table 1 only if the PRCP schedule achieves—\nfor a post-mining land use—item 1 of the PRCP performance outcomes for the objective; or\nfor a non-use management area—items 2 and 3 of the PRCP performance outcomes for the objective.\nHowever, if the PRCP schedule shows a proposed non-use management area for which a public interest evaluation was required, part 3 , table 1, items 2 and 3 of the PRCP performance outcomes for the PRCP objective stated in part 3 , table 1 do not apply for the assessment.\nA PRCP schedule achieves a PRCP objective stated in part 3 , table 2 or 3 only if the PRCP schedule achieves each PRCP performance outcome for the objective.\nsch 8A s 2 ins 2019 SL No. 198 s 14\n(sch.8A-sec.2-ssec.1) The administering authority must consider whether the PRCP schedule achieves each PRCP objective stated in part 3 for the PRCP schedule.\n(sch.8A-sec.2-ssec.2) A PRCP schedule achieves the PRCP objective stated in part 3 , table 1 only if the PRCP schedule achieves— for a post-mining land use—item 1 of the PRCP performance outcomes for the objective; or for a non-use management area—items 2 and 3 of the PRCP performance outcomes for the objective.\n(sch.8A-sec.2-ssec.3) However, if the PRCP schedule shows a proposed non-use management area for which a public interest evaluation was required, part 3 , table 1, items 2 and 3 of the PRCP performance outcomes for the PRCP objective stated in part 3 , table 1 do not apply for the assessment.\n(sch.8A-sec.2-ssec.4) A PRCP schedule achieves a PRCP objective stated in part 3 , table 2 or 3 only if the PRCP schedule achieves each PRCP performance outcome for the objective.\n- (a) for a post-mining land use—item 1 of the PRCP performance outcomes for the objective; or\n- (b) for a non-use management area—items 2 and 3 of the PRCP performance outcomes for the objective.","sortOrder":416},{"sectionNumber":"sch.8A-pt.3","sectionType":"part","heading":"PRCP objectives and PRCP performance outcomes","content":"# PRCP objectives and PRCP performance outcomes","sortOrder":417},{"sectionNumber":"sch.8A-pt.3-div.1","sectionType":"division","heading":"Final site design assessment","content":"## Final site design assessment","sortOrder":418},{"sectionNumber":"sch.8A-pt.3-div.2","sectionType":"division","heading":"Post-mining land use assessment","content":"## Post-mining land use assessment","sortOrder":419},{"sectionNumber":"sch.8A-pt.3-div.3","sectionType":"division","heading":"Non-use management area assessment","content":"## Non-use management area assessment","sortOrder":420},{"sectionNumber":"sch.9-pt.1","sectionType":"part","heading":"Types of regulated waste and default categorisation","content":"# Types of regulated waste and default categorisation","sortOrder":421},{"sectionNumber":"sch.9-pt.2","sectionType":"part","heading":"Categorisation thresholds for solid tested waste","content":"# Categorisation thresholds for solid tested waste","sortOrder":422},{"sectionNumber":"sch.9-pt.3","sectionType":"part","heading":"Waste that is not regulated waste","content":"# Waste that is not regulated waste","sortOrder":423},{"sectionNumber":"sch.9-pt.3-div.1","sectionType":"division","heading":"Types of waste","content":"## Types of waste","sortOrder":424},{"sectionNumber":"sch.9-pt.3-div.2","sectionType":"division","heading":"Non-regulated thresholds for tested waste","content":"## Non-regulated thresholds for tested waste","sortOrder":425},{"sectionNumber":"sch.15-pt.1","sectionType":"part","heading":"Fees for environmental impact statements","content":"# Fees for environmental impact statements","sortOrder":426},{"sectionNumber":"sch.15-pt.2","sectionType":"part","heading":"Fees for environmental authorities","content":"# Fees for environmental authorities","sortOrder":427},{"sectionNumber":"sch.15-pt.3","sectionType":"part","heading":"Other fees","content":"# Other fees","sortOrder":428},{"sectionNumber":"sch.17-pt.1","sectionType":"part","heading":"Disposal codes","content":"# Disposal codes","sortOrder":429},{"sectionNumber":"sch.17-pt.2","sectionType":"part","heading":"Treatment codes","content":"# Treatment codes","sortOrder":430},{"sectionNumber":"sch.18-pt","sectionType":"part","heading":"Schedule A, list 2: Characteristics of controlled wastes","content":"# Schedule A, list 2: Characteristics of controlled wastes","sortOrder":431},{"sectionNumber":"sch.19-pt.1","sectionType":"part","heading":"Extended definitions","content":"# Extended definitions","sortOrder":432},{"sectionNumber":"sch.19-sec.1","sectionType":"section","heading":"Meaning of category A environmentally sensitive area","content":"### sch.19-sec.1 Meaning of category A environmentally sensitive area\n\nA category A environmentally sensitive area means any of the following—\nany of the following under the Nature Conservation Act 1992 —\na national park (scientific);\na national park;\na national park (Aboriginal land);\na national park (Torres Strait Islander land);\na national park (Cape York Peninsula Aboriginal land);\na conservation park;\na special wildlife reserve;\nthe wet tropics area under the Wet Tropics World Heritage Protection and Management Act 1993 ;\nthe Great Barrier Reef Region under the Great Barrier Reef Marine Park Act 1975 (Cwlth) ;\na marine park under the Marine Parks Act 2004 , other than a part of the park that is a general use zone under that Act.\nsch 19 pt 1 s 1 amd 2025 SL No. 144 s 4\n- (a) any of the following under the Nature Conservation Act 1992 — (i) a national park (scientific); (ii) a national park; (iii) a national park (Aboriginal land); (iv) a national park (Torres Strait Islander land); (v) a national park (Cape York Peninsula Aboriginal land); (vi) a conservation park; (vii) a special wildlife reserve;\n- (i) a national park (scientific);\n- (ii) a national park;\n- (iii) a national park (Aboriginal land);\n- (iv) a national park (Torres Strait Islander land);\n- (v) a national park (Cape York Peninsula Aboriginal land);\n- (vi) a conservation park;\n- (vii) a special wildlife reserve;\n- (b) the wet tropics area under the Wet Tropics World Heritage Protection and Management Act 1993 ;\n- (c) the Great Barrier Reef Region under the Great Barrier Reef Marine Park Act 1975 (Cwlth) ;\n- (d) a marine park under the Marine Parks Act 2004 , other than a part of the park that is a general use zone under that Act.\n- (i) a national park (scientific);\n- (ii) a national park;\n- (iii) a national park (Aboriginal land);\n- (iv) a national park (Torres Strait Islander land);\n- (v) a national park (Cape York Peninsula Aboriginal land);\n- (vi) a conservation park;\n- (vii) a special wildlife reserve;","sortOrder":433},{"sectionNumber":"sch.19-sec.2","sectionType":"section","heading":"Meaning of category B environmentally sensitive area","content":"### sch.19-sec.2 Meaning of category B environmentally sensitive area\n\nA category B environmentally sensitive area means any of the following—\nany of the following areas under the Nature Conservation Act 1992 —\na coordinated conservation area;\nan area of critical habitat or major interest identified under a conservation plan;\nan area subject to an interim conservation order;\nan area subject to the following conventions to which Australia is a signatory—\nthe ‘Convention on the Conservation of Migratory Species of Wild Animals’ (Bonn, 23 June 1979);\nthe ‘Convention on Wetlands of International Importance, especially as Waterfowl Habitat’ (Ramsar, Iran, 2 February 1971);\nthe ‘Convention Concerning the Protection of the World Cultural and Natural Heritage’ (Paris, 23 November 1972);\na zone of a marine park under the Marine Parks Act 2004 that is within a general use zone of the marine park under that Act;\nan area to the seaward side of the highest astronomical tide;\nthe following under the Queensland Heritage Act 1992 —\na place of cultural heritage significance;\na Queensland heritage place, unless there is an exemption certificate issued under that Act;\nan area recorded in the Aboriginal Cultural Heritage Register established under the Aboriginal Cultural Heritage Act 2003 , section 46 , other than the area known as the ‘Stanbroke Pastoral Development Holding’, leased under the Land Act 1994 by lease number PH 13/5398;\na feature protection area, State forest park or scientific area under the Forestry Act 1959 ;\na declared fish habitat area under the Fisheries Act 1994 ;\na place in which a marine plant under the Fisheries Act 1994 is situated;\nan endangered regional ecosystem identified in the database known as the ‘Regional ecosystem description database’ published on the department’s website.\nThe Regional ecosystem description database is also available for inspection during office hours, at the Queensland Herbarium and each regional office of the department.\n- (a) any of the following areas under the Nature Conservation Act 1992 — (i) a coordinated conservation area; (ii) an area of critical habitat or major interest identified under a conservation plan; (iii) an area subject to an interim conservation order;\n- (i) a coordinated conservation area;\n- (ii) an area of critical habitat or major interest identified under a conservation plan;\n- (iii) an area subject to an interim conservation order;\n- (b) an area subject to the following conventions to which Australia is a signatory— (i) the ‘Convention on the Conservation of Migratory Species of Wild Animals’ (Bonn, 23 June 1979); (ii) the ‘Convention on Wetlands of International Importance, especially as Waterfowl Habitat’ (Ramsar, Iran, 2 February 1971); (iii) the ‘Convention Concerning the Protection of the World Cultural and Natural Heritage’ (Paris, 23 November 1972);\n- (i) the ‘Convention on the Conservation of Migratory Species of Wild Animals’ (Bonn, 23 June 1979);\n- (ii) the ‘Convention on Wetlands of International Importance, especially as Waterfowl Habitat’ (Ramsar, Iran, 2 February 1971);\n- (iii) the ‘Convention Concerning the Protection of the World Cultural and Natural Heritage’ (Paris, 23 November 1972);\n- (c) a zone of a marine park under the Marine Parks Act 2004 that is within a general use zone of the marine park under that Act;\n- (d) an area to the seaward side of the highest astronomical tide;\n- (e) the following under the Queensland Heritage Act 1992 — (i) a place of cultural heritage significance; (ii) a Queensland heritage place, unless there is an exemption certificate issued under that Act;\n- (i) a place of cultural heritage significance;\n- (ii) a Queensland heritage place, unless there is an exemption certificate issued under that Act;\n- (f) an area recorded in the Aboriginal Cultural Heritage Register established under the Aboriginal Cultural Heritage Act 2003 , section 46 , other than the area known as the ‘Stanbroke Pastoral Development Holding’, leased under the Land Act 1994 by lease number PH 13/5398;\n- (g) a feature protection area, State forest park or scientific area under the Forestry Act 1959 ;\n- (h) a declared fish habitat area under the Fisheries Act 1994 ;\n- (i) a place in which a marine plant under the Fisheries Act 1994 is situated;\n- (j) an endangered regional ecosystem identified in the database known as the ‘Regional ecosystem description database’ published on the department’s website. Note— The Regional ecosystem description database is also available for inspection during office hours, at the Queensland Herbarium and each regional office of the department.\n- (i) a coordinated conservation area;\n- (ii) an area of critical habitat or major interest identified under a conservation plan;\n- (iii) an area subject to an interim conservation order;\n- (i) the ‘Convention on the Conservation of Migratory Species of Wild Animals’ (Bonn, 23 June 1979);\n- (ii) the ‘Convention on Wetlands of International Importance, especially as Waterfowl Habitat’ (Ramsar, Iran, 2 February 1971);\n- (iii) the ‘Convention Concerning the Protection of the World Cultural and Natural Heritage’ (Paris, 23 November 1972);\n- (i) a place of cultural heritage significance;\n- (ii) a Queensland heritage place, unless there is an exemption certificate issued under that Act;","sortOrder":434},{"sectionNumber":"sch.19-sec.3","sectionType":"section","heading":"Meaning of organochlorine pesticide","content":"### sch.19-sec.3 Meaning of organochlorine pesticide\n\nEach of the following is an organochlorine pesticide —\naldrin\nchlordane\ndichlorodiphenyldichloroethane\ndichlorodiphenyldichloroethylene\ndichlorodiphenyltrichloroethane\ndieldrin\nendosulfan I\nendosulfan II\nendosulfan sulphate\nendrin\nendrin aldehyde\nheptachlor\nheptachlor epoxide\nhexachlorobenzene\nα-hexachlorocyclohexane\nβ-hexachlorocyclohexane\nδ-hexachlorocyclohexane\nγ-hexachlorocyclohexane (lindane)\nmethoxychlor.\n- • aldrin\n- • chlordane\n- • dichlorodiphenyldichloroethane\n- • dichlorodiphenyldichloroethylene\n- • dichlorodiphenyltrichloroethane\n- • dieldrin\n- • endosulfan I\n- • endosulfan II\n- • endosulfan sulphate\n- • endrin\n- • endrin aldehyde\n- • heptachlor\n- • heptachlor epoxide\n- • hexachlorobenzene\n- • α-hexachlorocyclohexane\n- • β-hexachlorocyclohexane\n- • δ-hexachlorocyclohexane\n- • γ-hexachlorocyclohexane (lindane)\n- • methoxychlor.","sortOrder":435},{"sectionNumber":"sch.19-sec.4","sectionType":"section","heading":"Meaning of organophosphate pesticide","content":"### sch.19-sec.4 Meaning of organophosphate pesticide\n\nEach of the following is an organophosphate pesticide —\nacephate\nazamethiphos\nazinphos-methy\ncadusafos\ncarbofuran\nchlorfenvinphos\nchlorpyrifos\nchlorpyrifos-methyl\ncoumaphos\ncythioate\ndiazinon\ndichlorvos\ndimethoate\ndisulfoton\nethion\nfenamiphos\nfenitrothion\nfenthion\nmaldison (malathion)\nmethamidophos\nmethidathion\nmevinphos\nnaled\nnaphthalophos\nomethoate\noxydemeton-methyl\nparathion\nparathion-methyl\nphorate\nphosmet\npirimiphos-methyl\nprofenofos\npropetamphos\nprothiofos\ntemephos\nterbufos\ntetrachlorvinphos\nthiometon\ntrichlorfon.\n- • acephate\n- • azamethiphos\n- • azinphos-methy\n- • cadusafos\n- • carbofuran\n- • chlorfenvinphos\n- • chlorpyrifos\n- • chlorpyrifos-methyl\n- • coumaphos\n- • cythioate\n- • diazinon\n- • dichlorvos\n- • dimethoate\n- • disulfoton\n- • ethion\n- • fenamiphos\n- • fenitrothion\n- • fenthion\n- • maldison (malathion)\n- • methamidophos\n- • methidathion\n- • mevinphos\n- • naled\n- • naphthalophos\n- • omethoate\n- • oxydemeton-methyl\n- • parathion\n- • parathion-methyl\n- • phorate\n- • phosmet\n- • pirimiphos-methyl\n- • profenofos\n- • propetamphos\n- • prothiofos\n- • temephos\n- • terbufos\n- • tetrachlorvinphos\n- • thiometon\n- • trichlorfon.","sortOrder":436},{"sectionNumber":"sch.19-sec.5","sectionType":"section","heading":"Meaning of persistent organic pollutant (other)","content":"### sch.19-sec.5 Meaning of persistent organic pollutant (other)\n\nEach of the following is a persistent organic pollutant (other) —\nchlordecone\ndioxins\nfurans\nheptabromodiphenyl ether\nhexabromobiphenyl\nhexabromodiphenyl ether\nmirex\npentabromodiphenyl ether\npentachlorobenzene\ntetrabromodiphenyl ether\ntoxaphene.\nsch 19 pt 1 s 5 amd 2025 SL No. 42 s 9 (1)\n- • chlordecone\n- • dioxins\n- • furans\n- • heptabromodiphenyl ether\n- • hexabromobiphenyl\n- • hexabromodiphenyl ether\n- • mirex\n- • pentabromodiphenyl ether\n- • pentachlorobenzene\n- • tetrabromodiphenyl ether\n- • toxaphene.","sortOrder":437},{"sectionNumber":"sch.19-sec.6","sectionType":"section","heading":"Meaning of polycyclic aromatic hydrocarbon","content":"### sch.19-sec.6 Meaning of polycyclic aromatic hydrocarbon\n\nEach of the following is a polycyclic aromatic hydrocarbon —\nacenaphthene\nacenaphthylene\nanthracene\nbenzo(a)anthracene\nbenzo(a)pyrene\nbenzo(b)fluoranthene\nbenzo(ghi)perylene\nbenzo(k)fluoranthene\nchrysene\ndibenzo(ah)anthracene\nfluoranthene\nfluorene\nindeno(1,2,3-cd)pyrene\nnaphthalene\nphenanthrene\npyrene.\n- • acenaphthene\n- • acenaphthylene\n- • anthracene\n- • benzo(a)anthracene\n- • benzo(a)pyrene\n- • benzo(b)fluoranthene\n- • benzo(ghi)perylene\n- • benzo(k)fluoranthene\n- • chrysene\n- • dibenzo(ah)anthracene\n- • fluoranthene\n- • fluorene\n- • indeno(1,2,3-cd)pyrene\n- • naphthalene\n- • phenanthrene\n- • pyrene.","sortOrder":438},{"sectionNumber":"sch.19-sec.7","sectionType":"section","heading":"Meaning and calculation of standard cattle unit","content":"### sch.19-sec.7 Meaning and calculation of standard cattle unit\n\nA standard cattle unit is a unit of measurement based on the live weight of cattle.\nThe number of standard cattle units that is equivalent to an animal of a live weight mentioned in column 1 of the following table is stated opposite in column 2.\nColumn 1\nColumn 2\nLive weight (kg)\nNumber of standard cattle units\nup to 350\n0.67\nmore than 350 to 400\n0.74\nmore than 400 to 450\n0.81\nmore than 450 to 500\n0.87\nmore than 500 to 550\n0.94\nmore than 550 to 600\n1\nmore than 600 to 650\n1.06\nmore than 650 to 700\n1.12\nmore than 700\n1.18\n(sch.19-sec.7-ssec.1) A standard cattle unit is a unit of measurement based on the live weight of cattle.\n(sch.19-sec.7-ssec.2) The number of standard cattle units that is equivalent to an animal of a live weight mentioned in column 1 of the following table is stated opposite in column 2. Column 1 Column 2 Live weight (kg) Number of standard cattle units up to 350 0.67 more than 350 to 400 0.74 more than 400 to 450 0.81 more than 450 to 500 0.87 more than 500 to 550 0.94 more than 550 to 600 1 more than 600 to 650 1.06 more than 650 to 700 1.12 more than 700 1.18","sortOrder":439},{"sectionNumber":"sch.19-sec.8","sectionType":"section","heading":"Meaning and calculation of standard pig unit","content":"### sch.19-sec.8 Meaning and calculation of standard pig unit\n\nA standard pig unit is a unit of measurement based on types, or a combination of types and live weight, of pigs.\nIn the following table, the number of standard pig units that is equivalent to an animal of a type mentioned in column 1 is stated opposite in column 2.\nColumn 1\nColumn 2\nType of pig\nNumber of standard pig units\nboar\n1.6\ngestating sow\n1.6\ngilt\n1.8\nlactating sow\n2.5\nIn the following table, the number of standard pig units that is equivalent to an animal of a type mentioned in column 1 and a live weight mentioned opposite in column 2, is stated opposite the live weight in column 3.\nColumn 1\nColumn 2\nColumn 3\nType of pig\nLive weight (kg)\nNumber of standard pig units\nsucker\n1.4 to 8\n0.1\nweaner\nmore than 8 to 25\n0.5\ngrower\nmore than 25 to 55\n1\nfinisher\nmore than 55 to 100\n1.6\nfinisher\nmore than 100\n1.8\n(sch.19-sec.8-ssec.1) A standard pig unit is a unit of measurement based on types, or a combination of types and live weight, of pigs.\n(sch.19-sec.8-ssec.2) In the following table, the number of standard pig units that is equivalent to an animal of a type mentioned in column 1 is stated opposite in column 2. Column 1 Column 2 Type of pig Number of standard pig units boar 1.6 gestating sow 1.6 gilt 1.8 lactating sow 2.5\n(sch.19-sec.8-ssec.3) In the following table, the number of standard pig units that is equivalent to an animal of a type mentioned in column 1 and a live weight mentioned opposite in column 2, is stated opposite the live weight in column 3. Column 1 Column 2 Column 3 Type of pig Live weight (kg) Number of standard pig units sucker 1.4 to 8 0.1 weaner more than 8 to 25 0.5 grower more than 25 to 55 1 finisher more than 55 to 100 1.6 finisher more than 100 1.8","sortOrder":440},{"sectionNumber":"sch.19-sec.9","sectionType":"section","heading":"Meaning and calculation of standard sheep unit","content":"### sch.19-sec.9 Meaning and calculation of standard sheep unit\n\nA standard sheep unit is a unit of measurement based on the live weight of sheep.\nThe number of standard sheep units that is equivalent to an animal of a live weight mentioned in column 1 of the following table is stated opposite in column 2.\nColumn 1\nColumn 2\nLive weight (kg)\nNumber of standard sheep units\nup to 25\n0.519\nmore than 25 to 30\n0.595\nmore than 30 to 35\n0.667\nmore than 35 to 40\n0.738\nmore than 40 to 45\n0.806\nmore than 45 to 50\n0.872\nmore than 50 to 55\n0.937\nmore than 55 to 60\n1\nmore than 60 to 65\n1.062\nmore than 65 to 70\n1.123\nmore than 70 to 75\n1.182\nmore than 75\n1.241\n(sch.19-sec.9-ssec.1) A standard sheep unit is a unit of measurement based on the live weight of sheep.\n(sch.19-sec.9-ssec.2) The number of standard sheep units that is equivalent to an animal of a live weight mentioned in column 1 of the following table is stated opposite in column 2. Column 1 Column 2 Live weight (kg) Number of standard sheep units up to 25 0.519 more than 25 to 30 0.595 more than 30 to 35 0.667 more than 35 to 40 0.738 more than 40 to 45 0.806 more than 45 to 50 0.872 more than 50 to 55 0.937 more than 55 to 60 1 more than 60 to 65 1.062 more than 65 to 70 1.123 more than 70 to 75 1.182 more than 75 1.241","sortOrder":441},{"sectionNumber":"sch.19-sec.10","sectionType":"section","heading":"Meaning of watercourse","content":"### sch.19-sec.10 Meaning of watercourse\n\nA watercourse is a river, creek or stream in which water flows permanently or intermittently—\nin a natural channel, whether artificially improved or not; or\nin an artificial channel that has changed the course of the watercourse.\nA watercourse includes the bed and banks and any other element of a river, creek or stream confining or containing water.\n(sch.19-sec.10-ssec.1) A watercourse is a river, creek or stream in which water flows permanently or intermittently— in a natural channel, whether artificially improved or not; or in an artificial channel that has changed the course of the watercourse.\n(sch.19-sec.10-ssec.2) A watercourse includes the bed and banks and any other element of a river, creek or stream confining or containing water.\n- (a) in a natural channel, whether artificially improved or not; or\n- (b) in an artificial channel that has changed the course of the watercourse.","sortOrder":442},{"sectionNumber":"sch.19-pt.2","sectionType":"part","heading":"Other definitions","content":"# Other definitions","sortOrder":443}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond its original 2019 scope through multiple amendments. Notable expansions include: the addition of Great Barrier Reef water quality offset obligations (s.41AA, inserted 2019), transhipping activity prohibitions in the Reef Marine Park (s.41AB, inserted 2020), PRCP schedule decision requirements for mining rehabilitation including flood plain modelling (ss.41A-41C, inserted 2019), ERA standards framework (s.29, inserted 2022), and organic material processing plant/equipment requirements near residential zones (ss.29A and 41AC, inserted 2024). These additions represent a broadening of the regulation's scope from its original framing as primarily a procedural instrument into one that includes substantive refusal obligations, specific technical equipment requirements, and enhanced Great Barrier Reef protections."},"complexity_factors":["Extensive cross-referencing between the Regulation and multiple other Acts (Environmental Protection Act, Planning Act, Commonwealth Environment Act, Water Act 2000, Nature Conservation Act, Coastal Protection and Management Act, Regional Planning Interests Act, State Development Act, Great Barrier Reef Marine Park Act, and others)","Multiple overlapping regulatory frameworks — State and Commonwealth approval processes must be coordinated, with bilateral agreements adding another layer","Tiered activity classification system using 'Aggregate Environmental Scores' (AES) with different rules applying depending on whether an activity is a prescribed ERA, resource activity, concurrence ERA, or mobile/temporary ERA","Highly technical scientific and environmental terminology (e.g., attenuation zones, initial mixing zones, confined aquifers, Strahler stream order classification, AEP flood modelling, dissolved inorganic nitrogen)","Numerous schedules referenced throughout that are not reproduced in this excerpt, making the full picture difficult to grasp without the complete document","Specific geographic complexity — different rules apply to different areas (Great Barrier Reef catchment, Great Barrier Reef Marine Park, Great Barrier Reef World Heritage Area, strategic environmental areas, scheduled areas) requiring spatial knowledge","Conditional and nested decision-making structures — many provisions apply 'unless', 'however', or 'to the extent that' with multiple sub-conditions","Regulation has been amended multiple times (2019, 2020, 2021, 2022, 2024) creating version tracking complexity","Dual-regulator structure (Commonwealth Minister and State administering authority) with different obligations applying depending on which body is acting","Incorporation of external policy documents (e.g., 'Point source water quality offsets policy 2019', 'Prescribed methodology for banana cultivation') that are not part of the Regulation itself but have legal effect"],"plain_english_summary":"## Queensland Environmental Protection Regulation 2019 — What Does It Do?\n\nThis is Queensland's main environmental rulebook that sits underneath the Environmental Protection Act. It sets out the detailed rules for **how environmental decisions get made, who needs approval, and what conditions apply** to a huge range of activities — from mining and farming to composting and waste disposal.\n\n### Who does this affect?\n\n- **Businesses and developers** wanting to carry out activities that could harm the environment (called \"environmentally relevant activities\" or ERAs) — things like mining, chemical processing, waste treatment, and agricultural operations\n- **Farmers** growing bananas or sugarcane who need to manage fertiliser use near the Great Barrier Reef\n- **Mining companies** needing approvals to manage coal seam gas water, brine, and salt\n- **Composting/organic waste processors** operating near homes\n- **Government decision-makers** (called \"administering authorities\") who assess and approve these activities\n- **Anyone** proposing a major project that requires both Commonwealth (federal) AND State environmental approval\n\n### Key things this law does:\n\n**1. Major Project Assessment (EIS process)**\nIf a big project needs both federal AND state environmental approval — for example, because it affects nationally significant environmental values — it must go through a detailed Environmental Impact Statement (EIS) process. The EIS must cover what the project is, where it will happen, what environmental damage could occur, and how that damage could be reduced or offset.\n\n**2. Classifying activities by environmental risk**\nEvery \"environmentally relevant activity\" gets an \"Aggregate Environmental Score\" — basically a risk rating. Higher-risk activities face stricter rules and more oversight.\n\n**3. Rules for approving or refusing activities**\nDecision-makers must consider things like:\n- Whether the environment can absorb the pollution (the \"receiving environment\")\n- Whether conditions (rules attached to the approval) can adequately protect environmental values\n- Whether the Great Barrier Reef's water quality will be protected from sediment and nitrogen runoff\n- Whether wetlands will be destroyed\n- Whether groundwater will be contaminated\n\n**4. Great Barrier Reef protections**\nActivities near the Reef face strict rules. Approvals can be **refused** if the activity will leave a \"residual impact\" (ongoing pollution that can't be cleaned up or offset). Boat-to-boat cargo transfers (transhipping) inside the Reef Marine Park are effectively banned.\n\n**5. Mining rehabilitation (PRCP schedules)**\nMining companies must plan for what happens to the land *after* mining ends — including flood risk from open pits (voids) left in flood plains. The regulator must use standardised flood modelling to assess these risks.\n\n**6. Composting near homes**\nIf you're processing organic waste (like food scraps or manure) within 4km of a residential area, you must use enclosed or sealed systems to contain odours.\n\n**7. Clinical waste**\nUntreated clinical waste (things like used needles or medical materials) can only be disposed of at approved sites and must be properly buried under supervision.\n\n**8. Agricultural chemical management**\nBanana and sugarcane farmers must follow specific government-published methods for applying nitrogen and phosphorus fertilisers to prevent reef pollution.\n\n### Why does this matter to you?\nIf you run a business involving any activity on the prescribed list, you likely need an **environmental authority** (a type of licence/permit) before you can operate. If you breach the conditions, you face penalties. The law also protects community members — regulators *must* consider impacts on people living near industrial sites."},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"sec.5(2)","severity":"medium","reasoning":"Section 5(2) deems steps taken under the EIS process before the notice in section 4(a) is given to comply with the part. However, section 5(1) says the part applies to a project mentioned in section 4 — meaning the part only applies once the project is caught by section 4. If the part doesn't yet apply to the project (because no notice has been given under s.4(a)), it is logically absurd to deem prior steps as complying with a part that had not yet been triggered. The provision attempts to retroactively validate compliance with obligations that did not yet legally exist at the time the steps were taken.","confidence":0.75,"description":"Retroactive compliance validation for steps taken before the triggering notice exists"},{"type":"other","section":"sec.15(3)-(4)","severity":"low","reasoning":"Section 15(4)(b) applies only where there are 2 or more included schedule 2 activities to which subsection (3)(b) applies — i.e., where the schedule 2 AES exceeds the schedule 3 AES. However, section 15(4)(a) applies where there is one such activity. If there are 2 or more included schedule 2 activities but only one has an AES higher than the schedule 3 AES, it is unclear whether (4)(a) or (4)(b) applies, since (4)(b) requires '2 or more included schedule 2 activities to which subsection (3)(b) applies'. The provision is ambiguous and could lead to conflicting interpretations about which subsection governs.","confidence":0.65,"description":"Aggregate environmental score override mechanism creates potential AES calculation gap when multiple included schedule 2 activities exist but only one triggers subsection (3)(b)"},{"type":"other","section":"sec.28(1)(b)(ii)","severity":"medium","reasoning":"Section 28(1)(b)(ii) requires documents stating 'the reason for managing the coal seam gas water in the proposed way' when brine or salt management is inconsistent with the prioritisation hierarchy for managing saline waste. The obligation should logically require the reason for managing the brine or salt, not the coal seam gas water. This appears to be a drafting error where the wrong subject matter (coal seam gas water) was carried over from paragraph (a)(ii), creating an internally incoherent requirement.","confidence":0.88,"description":"Misdirected drafting — reason for managing 'coal seam gas water' required where brine or salt management is inconsistent"},{"type":"other","section":"sec.35(2)","severity":"low","reasoning":"Throughout section 35, including in subsection (1), the legislation refers to the 'administering authority'. However, subsection (2) refers to the 'administering agency' not being required to consider certain matters. If these are different legal entities (which they may be under the parent Act), the exemption in subsection (2) may not legally apply to the 'administering authority' that bears the obligations in subsection (1). This could mean either the wrong entity is exempted, or both terms are interchangeable — in which case the inconsistency is still a drafting absurdity.","confidence":0.72,"description":"Reference to 'administering agency' inconsistent with 'administering authority' used throughout the section"},{"type":"impossible_compliance","section":"sec.22(3)","severity":"medium","reasoning":"Section 22(3)(a) requires the occupier to ensure clinical waste is buried, and (3)(b) requires that burial be supervised by a 'competent' person. The term 'competent' is undefined in the regulation. There is no definition of what qualifications, experience or credentials constitute competence to supervise clinical waste burial. This creates an impossible compliance standard — an occupier cannot know whether they have complied with the supervision requirement, as the measure of competence is entirely subjective and unanchored.","confidence":0.7,"description":"Obligation to bury untreated clinical waste without specifying minimum depth or environmental containment standards creates an illusory compliance obligation"},{"type":"circular_definition","section":"sec.41C(3)","severity":"medium","reasoning":"Section 41C(3) requires the administering authority to treat land as a flood plain based on flood plain modelling that excludes artificial features (per the definition in sec.41C(5)). However, what constitutes an artificial feature includes structures that will be removed under the PRCP schedule. The PRCP schedule has not yet been approved when the assessment is conducted. Therefore, the modelling that determines whether the land must be treated as a flood plain depends on the final content of the PRCP schedule — the very document whose approval depends on the modelling outcome. This creates a circular dependency.","confidence":0.68,"description":"Mandatory treatment of land as flood plain based on modelled conditions at end of activities creates circular dependency with rehabilitation planning"},{"type":"other","section":"sec.41AA(7)","severity":"low","reasoning":"Section 41AA(7) refers to 'waters mentioned in sub section 1 (b)' — an apparent typographical error where 'sub section' appears as two words and the reference style is inconsistent with the rest of the instrument. While minor, in a legislative instrument, imprecise cross-references can create genuine interpretive uncertainty about whether the reference is to subsection (1)(b) of this section or another provision.","confidence":0.82,"description":"Typographical cross-reference error — 'sub section 1 (b)' instead of 'subsection (1)(b)'"},{"type":"other","section":"sec.41AA(1)(b)","severity":"medium","reasoning":"Section 41AA(1)(b) describes coastal waters as being between: (i) a line running north from the most northern coastline of the State in the Great Barrier Reef catchment, and (ii) a line running east from the most southern coastline of the State in the Great Barrier Reef catchment. A line running north from the northernmost point and a line running east from the southernmost point form two sides of a rectangle — but the provision does not close the boundary (no western or southern bound is specified). The geometric description is incomplete and does not define a closed area, making compliance with or application of this provision uncertain.","confidence":0.71,"description":"Geometric description of coastal waters area is potentially indeterminate or covers an impossible area"},{"type":"impossible_compliance","section":"sec.23(2) and sec.24(2)","severity":"medium","reasoning":"Sections 23(2) and 24(2) prescribe methodologies by reference to documents 'published on the department's website'. These documents can be altered, removed, or replaced without legislative amendment. A person regulated under these provisions could face a situation where the prescribed methodology has changed or is unavailable, yet they remain legally obliged to comply with it. This creates an impossible compliance scenario if the document is taken down or amended without notice, and raises rule of law concerns about delegating the content of legislative obligations to unlegislated website content.","confidence":0.78,"description":"Legislative obligation incorporated by reference to external documents on a government website — no stability or legal enforceability guarantee"}],"contradictions":[{"severity":"medium","section_a":"sec.4(a)","section_b":"sec.5(2)","confidence":0.73,"description":"Section 4(a) requires both a decision AND a notice before a project is prescribed, but section 5(2) validates steps taken before the notice is given — creating a contradiction about when the regulatory regime is triggered"},{"severity":"medium","section_a":"sec.35(1)","section_b":"sec.35(2)","confidence":0.7,"description":"Section 35(1) imposes obligations on the 'administering authority' but section 35(2) provides an exemption for the 'administering agency' — if these are different legal entities under the parent Act, the exemption does not relieve the entity bearing the obligation in subsection (1)"},{"severity":"medium","section_a":"sec.35(1)(a)","section_b":"sec.35(3)(a)","confidence":0.67,"description":"For non-prescribed ERA activities, section 35(1)(a) requires assessment against schedule 8, part 3, divisions 1 AND 2. For prescribed ERAs (other than s.13A), section 35(3)(a) requires assessment against division 1 only. The distinction creates a higher regulatory burden for non-prescribed ERAs than for prescribed ERAs, which is counterintuitive given that prescribed ERAs are those legislatively identified as warranting environmental regulation"},{"severity":"high","section_a":"sec.41AA(2)(b)","section_b":"sec.35(4)","confidence":0.76,"description":"Section 41AA(2)(b) entirely excludes prescribed ERA schedule 2 section 13A activities from the Great Barrier Reef water quality provisions. However, section 35(4) imposes specific and detailed obligations on the administering authority for section 13A activities relating to fine sediment and dissolved inorganic nitrogen in Great Barrier Reef catchment waters. The exclusion in 41AA and the specific inclusion in 35(4) for the same activity in the same waterways creates an apparent contradiction in the regulatory intent — one provision imposes obligations specifically targeting the same environmental harm that the other provision exempts"},{"severity":"low","section_a":"sec.19(2)","section_b":"sec.17(2)","confidence":0.62,"description":"Section 19(2) states that an activity under schedule 2 includes the activity carried out as a mobile and temporary environmentally relevant activity (MATERA) unless the section otherwise provides — meaning MATERAs are generally prescribed ERAs. However, section 17(2) expressly states that a mobile and temporary environmentally relevant activity is not a concurrence ERA. Since concurrence ERA status flows from being a prescribed ERA carried out within a particular threshold, the interaction between these provisions is potentially contradictory — a MATERA may simultaneously be a prescribed ERA (under s.19) while being categorically excluded from concurrence ERA classification (under s.17), even if it meets all the criteria in s.17(1)"},{"severity":"medium","section_a":"sec.41AB(2)(a)","section_b":"sec.41AB(2)(b)","confidence":0.69,"description":"Section 41AB(2)(a) prohibits transhipping in any area within the Great Barrier Reef Marine Park. Section 41AB(2)(b) prohibits transhipping in areas within the Great Barrier Reef World Heritage Area but not within a port area. The Great Barrier Reef Marine Park and the Great Barrier Reef World Heritage Area significantly overlap, but port areas may exist within the World Heritage Area. The provision is silent on whether port areas within the Great Barrier Reef Marine Park are also excluded — paragraph (a) contains no port area exception, suggesting port areas within the Marine Park are prohibited, while port areas within the World Heritage Area (but outside the Marine Park) are permitted. This asymmetry may be intentional but creates an internally inconsistent regulatory boundary"}]},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"This 2019 regulation (and subsequent amendments) materially expanded the operational detail and reach compared with the old 2008 Regulation it repealed (see sec 188). It goes beyond simply restating Act duties: it (a) introduces a comprehensive waste‑tracking and consignment regime with fees and unique identifiers (secs 71–97), (b) embeds Great Barrier Reef‑specific gatekeeping for sediment and nitrogen (sec 41AA) and transhipping limits (sec 41AB), (c) establishes an AES‑based fee and discount architecture that ties charges to scored environmental impact and rewards certified EMS or emission reductions (secs 159, 165–167), and (d) devolves many enforcement functions to local governments while reserving particular State powers (secs 130–142, 137). Those additions substantially broaden the regulation from a general environmental permitting framework to a detailed operational, reporting and financial regime that reshapes administrative burdens, compliance costs and local/state enforcement responsibilities."},"complexity_factors":["Extensive length and structure: 200+ sections plus multiple schedules (notably Schedule 2 listing dozens of ERAs with numeric thresholds).","High number of defined terms and cross‑references (frequent references to the Act, Commonwealth Environment Act, Planning Act, Water Act, various Commonwealth measures and standards).","Numerical threshold tables throughout (Schedule 2) creating many conditional branches (e.g. different AES by tonne/area/volume ranges).","Multiple conditional exceptions and nested exclusions (e.g. waste tracking exemptions, in‑transit storage rules, GBR exceptions — see secs 71, 8, 41AA).","Fee formulas with variables and multiple alternate calculations (secs 159, 174, 176, 179, 175).","Complex compliance regimes across domains: EIS, PRCP (rehabilitation), NPI reporting, noise/air/water standards, waste tracking — each with bespoke rules and documents (secs 4–10; 41A–41C; 117–129; 56–66; 71–97).","Devolution of enforcement powers to local governments with carve‑outs for non‑devolved matters (secs 130–142, 137–140) creating bifurcated responsibilities.","Significant use of external documents and industry materials as incorporated standards or mandatory methodologies (e.g. department guidance, AS/NZS standards, water quality offset policy — secs 23–24, 29A, 41AA, 56).","Numerous transitional and savings provisions carrying over former regulation instruments (chapter 11) increasing interpretive complexity for legacy approvals.","Variable penalty regimes, evidentiary rules and defences (e.g. emergencies, agent defences, non‑admissibility of certain reports) scattered across the text (secs 49, 90, 95, 129)."],"plain_english_summary":"**What this regulation does (mechanics first)\n\n- Prescribes detailed regulatory rules that sit under the Environmental Protection Act (the Act). It converts high‑level duties in the Act into concrete procedures, thresholds, forms, fees and offences. (See, for example, EIS process: secs 4–10; environmental decision requirements: secs 30–41; waste tracking: secs 71–97; fees: secs 154–179.)\n\n- Specifies which projects require Commonwealth or State assessment processes (sec 4) and sets out how Environmental Impact Statement (EIS) steps, notices and assessment reports must be handled and what they must cover (secs 5–10). The department must give the Commonwealth Minister copies of EIS assessment reports (sec 10).\n\n- Lays down detailed lists of \"environmentally relevant activities\" (ERAs) and resource activities, with numerical thresholds and an \"aggregate environmental score\" system used for categorising and fee‑setting (secs 15–21 and Schedule 2). Many activities (mining, waste, water treatment, chemical manufacture, agriculture, etc.) are listed with the thresholds that trigger regulation. \n\n- Sets mandatory assessment requirements for environmental decisions. When an administering authority decides whether to grant or vary environmental authorities it must run objective assessments against stated environmental objectives and performance outcomes, consider declared environmental values, management hierarchies and (if relevant) regional planning attributes (sec 35). It lists specific conditions and monitoring matters that must be considered (secs 36–38, 40–41AA). \n\n- Introduces rules specific to the Great Barrier Reef and coastal waters: decisions are to be refused where a proposed activity will cause residual loads of fine sediment or dissolved inorganic nitrogen that cannot be adequately offset (sec 41AA). It also restricts transhipping in the Great Barrier Reef Marine Park and World Heritage Area (sec 41AB).\n\n- Establishes an administrative framework for PRCP (post‑mining rehabilitation and closure planning) schedule decisions, including required objective assessments and flood‑plain modelling for voids (secs 41A–41C and schedule 8A).\n\n- Creates a detailed waste regime: definitions and categories for regulated waste (secs 42–43 and schedule 9), sampling and testing obligations (secs 44–49), record keeping and reporting duties for waste generators and receivers (secs 50–53), and public notice requirements for environmental harm (sec 54). \n\n- Introduces a comprehensive waste‑tracking system for specified \"trackable waste\" types (sec 71 onwards). It requires: unique identifiers or consignment numbers for interstate consignments (secs 91–93), prescribed information to be recorded and transmitted (secs 74–76 and schedule 12), fees for lodgement (sec 73), obligations on generators, transporters and receivers to keep records for five years and to notify discrepancies (secs 78–90), and powers for the administering executive to approve alternate electronic reporting systems (sec 92).\n\n- Prescribes standards, measurement methods and evidentiary rules for noise, air and water contaminant offences (secs 56–66 and schedule references). It also prescribes methodologies for certain agricultural practices (banana and sugarcane fertiliser methodologies, secs 23–24) and standards for ERA performance (sec 29 and schedule 7).\n\n- Sets a detailed fee and annual‑fee scheme tied to the AES (aggregate environmental score) for environmental authorities, including fee formulas, reduced‑fee pathways (for holders with accredited EMS, ecoBiz registration, or lower emissions scores) and penalties for misuse (secs 154–179, secs 159, 165–167, 170–173).\n\n- Devolves many compliance, enforcement and waste management responsibilities to local governments, but reserves certain enforcement powers to the State (secs 130–142 and secs 137–140). It declares local government employees can be authorised persons (sec 143).\n\n- Provides transitional savings and replacement rules for instruments and approvals made under the old Environmental Protection Regulation 2008 (chs 11–12; repeal sec 188).\n\nWho this affects, who pays and who decides (plain):\n\n- Developers, resource companies, industry operators and farmers are the primary regulated parties — they must check whether their activities match any ERA thresholds in Schedule 2 and, if so, comply with testing, approvals, monitoring and reporting obligations (see Schedule 2, secs 19, 35, 42–43, 71–97). \n\n- Waste generators, transporters and receivers must supply prescribed information for each load of certain \"trackable waste\", pay information fees when required, keep records for five years and obtain consignment numbers for interstate movements (secs 71–97; sec 73). \n\n- Holders of environmental authorities pay annual fees calculated from site fees linked to AES (sec 159). Reduced annual fees are available if the holder demonstrates certified environmental management systems, ecoBiz registration or emission improvements (secs 165–167). The administering authority may recover unpaid fees as a debt (sec 155). \n\n- The administering authority (State department / chief executive) makes technical approvals, assigns consignment numbers, approves estimation techniques and may grant exemptions; local governments administer and enforce devolved provisions in their areas (secs 92–94; secs 130–136). \n\nWhat behaviour the law changes or incentivises (mechanisms):\n\n- Makes project proponents carry out larger‑scale assessments (EIS) and disclose details early in the process (secs 4–10, 6–9). That raises up‑front compliance costs and disclosure of project information to regulators and the public. \n\n- Imposes measurement, monitoring and record‑keeping burdens (e.g. monitoring conditions, sampling and testing regimes, record retention of 3–5 years) that increase operational compliance costs — but also creates more data for regulators (secs 33, 44–52, 117, 119). \n\n- Uses fees tied to an activity score (AES) so operators of higher‑impact activities pay more; creates financial incentives (discounts) for certified EMS, ecoBiz membership or demonstrable lower emissions (secs 159, 165–167). \n\n- For certain activities in GBR catchments, it substitutes a hard gating rule: refuse applications where residual sediment or nitrogen cannot be offset according to a published water‑quality offset policy (sec 41AA). That can block projects or require measurable mitigation or offsets. \n\n- Requires waste chain traceability (consignment numbers, unique IDs, reporting) to reduce leakage and misclassification of regulated wastes; transports without proper consignment or authority are penalised (secs 71–97). \n\n- Devolves many day‑to‑day enforcement functions to local governments (secs 130–136), shifting frontline decision‑making and compliance costs to councils and potentially producing variation across local areas.\n\nOfficial purpose claims and a short test of trade‑offs and implementation risk\n\n- Claimed purposes (from the instrument): improve environmental decision quality, protect matters of national environmental significance, protect the Great Barrier Reef, strengthen waste tracking and ensure regulated activities meet objective assessments (see chs 2–4, 7 and schedules). These are implemented by detailed technical requirements and thresholds (e.g. sec 35 environmental objective assessment; sec 41AA GBR offsets; secs 71–97 waste tracking). \n\n- Costs and incentives: the regulation shifts costs onto regulated parties via monitoring, testing, reporting, and fees (secs 46–53; sec 73; sec 159). It creates incentives for certified EMS/ecoBiz or demonstrated emission reductions by lowering annual fees (secs 165–167).\n\n- Trade‑offs and opportunity costs: more prescriptive rules reduce regulatory uncertainty in some areas (clear thresholds, forms and timeframes) but raise compliance burdens and may slow project timelines (EIS steps, reporting periods, consignment approvals). The GBR offset gate (sec 41AA) trades off development permissions for measurable water‑quality outcomes; the practical availability and cost of offsets will determine commercial feasibility. \n\n- Bureaucratic discretion and implementation risk: many decisions rest on the chief executive or administering executive (e.g. approvals for estimation techniques, consignment numbers, exemptions, interpretation of \"sufficient counterbalance\" in offsets) and must be made within statutory timeframes or are taken to be refused — that concentrates discretion and creates operational bottlenecks (secs 92, 93, 124, 126–128, 93A). \n\n- Effects on private choice and competition: the AES and fee structure make impact‑heavy activities pay more. Fee reductions tied to EMS/ecoBiz favour businesses that can afford certification and management systems (secs 165–170). Local governments can set local fees when matters are devolved (sec 156), which may change competitive conditions across jurisdictions. \n\n- Compliance burden and enforcement: the regulation combines civil penalties, record‑keeping offences and administrative sanctions (penalty units in many sections) while devolving enforcement power to local governments (secs 109, 143, 156). That multiplies enforcement actors and compliance touchpoints. \n\nKey concrete pointers to read first (by part/section):\n- EIS and Commonwealth assessment link: secs 4–10\n- Decision requirements and monitoring conditions: secs 30–41, 36–37\n- Waste tracking & obligations (generators/transports/receivers): secs 71–97 (and schedule 12)\n- Fees and annual fee discounts: secs 154–179 (esp. secs 159, 165–167)\n- Great Barrier Reef specific rules: sec 41AA; transhipping limits sec 41AB\n- Devolution to local government: secs 130–142\n- Lists of ERAs and thresholds: Schedule 2 (many entries)\n\nIf you want, I can:\n- extract the AES/threshold entries that are most likely to apply to a particular project type (mining, waste, water treatment, agriculture); or\n- map the compliance steps (documents, approvals, timeframes, fees) a proponent must follow for a single ERA (eg. regulated waste transport or organic material processing); or\n- produce a concise compliance checklist for waste‑trackable consignments (secs 71–97)."},"kimi_summary":{"_metrics":{"completionTokens":811},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond its original 2019 scope. Key growth areas include: (1) new sections 29A, 41AC and 93A on organic material processing odour control (2024); (2) expanded Great Barrier Reef protection with water quality offset requirements (section 41AA, 2019); (3) new PRCP (progressive rehabilitation and closure plan) decision-making framework (sections 41A-41C, 2019); (4) transhipping activity restrictions in World Heritage areas (section 41AB, 2020); and (5) updated waste tracking and fee structures through 2025 amendments. The original regulation has been amended at least 15 times, adding substantial new industry-specific requirements."},"complexity_factors":["Extensive cross-referencing to schedules (at least 15 schedules referenced throughout)","Nested conditional logic with multiple exceptions (e.g., waste tracking exemptions in section 71 have 11 separate carve-outs)","Formula-based fee calculations with multiple variables and tiered reductions (sections 159, 167, 174-176)","Dual-key definitions requiring reference to external documents (e.g., 'prescribed methodology' points to departmental website documents)","Geographic and technical thresholds with precise measurements (e.g., 'within 4km of the boundary of a residential zone' in section 29A)","Temporal conditions with multiple anniversary dates and business day calculations","Bilateral agreement triggers that depend on Commonwealth-State arrangements","Devolution provisions creating split enforcement between State and local government with 9 specific exceptions"],"plain_english_summary":"This is Queensland's **Environmental Protection Regulation 2019**, a detailed subordinate law that operationalises the state's Environmental Protection Act. It sets out the practical rules for environmental approvals, waste management, pollution control, and enforcement.\n\n**What it covers:**\n\n- **Environmental Impact Statements (EIS):** Prescribes which projects need Commonwealth or State assessment, what must go into draft terms of reference, and how assessment reports must be structured.\n\n- **Environmentally Relevant Activities (ERAs):** Defines which activities need environmental authorities (licences), including agricultural activities like banana and sugarcane farming, resource activities, and industrial operations. It sets \"aggregate environmental scores\" that determine fee levels and regulatory intensity.\n\n- **Regulatory decision-making:** Establishes what the environmental regulator must consider when approving activities — including environmental objectives, impacts on the Great Barrier Reef, wetland protection, and noise and water contamination standards.\n\n- **Waste management:** Creates a comprehensive framework for tracking \"trackable waste\" (regulated waste that must be documented when transported), with exemptions for small loads, emergencies, and farm chemicals. It also sets rules for general waste collection by local councils.\n\n- **Fees and incentives:** Establishes annual fees for environmental authorities, with significant discounts (down to 50%) for operators who have certified environmental management systems, lower emissions, or are in rehabilitation-only phases.\n\n- **National Pollutant Inventory:** Implements Australia's national system for reporting emissions from industrial facilities.\n\n- **Devolution to local government:** Specifies which environmental powers are delegated to local councils (like noise and nuisance enforcement) and which remain with the State.\n\n**Who it affects:**\n- Mining, petroleum, and resource companies\n- Farmers (especially in Great Barrier Reef catchments)\n- Waste transport operators and facility operators\n- Industrial manufacturers\n- Local governments\n- Anyone seeking environmental approvals in Queensland\n\n**Why it matters:**\nThis regulation translates broad environmental law into specific, enforceable requirements. It determines whether projects get approved, how much polluters pay, and what conditions attach to environmental licences. Recent amendments show increasing focus on Great Barrier Reef water quality, organic waste processing odours, and rehabilitation of mined land."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/environmental-protection-regulation-2019","history":"/api/acts/environmental-protection-regulation-2019/history","analysis":"/api/acts/environmental-protection-regulation-2019/analysis","conflicts":"/api/acts/environmental-protection-regulation-2019/conflicts","importantCases":"/api/acts/environmental-protection-regulation-2019/important-cases","documents":"/api/acts/environmental-protection-regulation-2019/documents"}}