{"id":"BILL-QLD-nature-conservation-and-other-legislation-amendment-bill-2025","name":"Nature Conservation and Other Legislation Amendment Bill 2025","slug":"nature-conservation-and-other-legislation-amendment-bill-2025","collection":"bill","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-01-01","administeringDepartment":null,"currentVersion":{"id":446106,"registerId":"BILL-QLD-nature-conservation-and-other-legislation-amendment-bill-2025:current","compilationNumber":null,"startDate":"2025-01-01","status":"in_force","reasons":null,"registeredAt":"2026-05-06T12:45:19.255Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Nature Conservation and Other Legislation Amendment Bill 2025\n\nQueensland\nNature Conservation and\nOther Legislation Amendment\nBill 2025\n\nQueensland\nNature Conservation and Other\nLegislation Amendment Bill 2025\nContents\nPage\nPart 1 Preliminary\n1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4\n2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4\nPart 2 Amendment of Environmental Protection Act 1994\nDivision 1 Preliminary\n3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4\nDivision 2 Amendments commencing on assent\n4 Amendment of s 811 (Proceedings for particular offences relating to\nparticular instruments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5\nDivision 3 Amendments commencing 28 days after assent\n5 Insertion of new ch 5, pt 5, div 2, sdiv 1A . . . . . . . . . . . . . . . . . . 6\nSubdivision 1A Standard applications—general\n169A Approval of standard applications generally . . . . . . . 6\n6 Replacement of s 170 (Deciding standard application) . . . . . . . . 7\n170 Deciding standard application for mining activity relating to\nmining lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7\n7 Replacement of s 177 (Automatic decision for standard application in\nparticular circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8\nSubdivision 3 Deemed decisions\n177 Deemed decision for standard application for mining activity\nrelating to mining lease in particular circumstances . 8\n8 Replacement of s 195 (Issuing environmental authority or PRCP\nschedule) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8\n195 Issuing environmental authority or PRCP schedule . 8\n9 Replacement of s 204 (Conditions that must be imposed for standard or\nvariation applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9\n204 Environmental authorities for standard or variation\napplications include particular condition . . . . . . . . . . 9\n\nContents\nNature Conservation and Other Legislation Amendment Bill 2025\nPage 2\nAuthorised by the Parliamentary Counsel\n10 Amendment of s 553 (Electronic applications and submissions) 10\n11 Insertion of new s 555 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10\n555 Electronic system for automatically issuing particular\nenvironmental authority . . . . . . . . . . . . . . . . . . . . . . . 10\n12 Insertion of new ch 13, pt 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11\nPart 34 Validation and transitional provisions for Nature\nConservation and Other Legislation Amendment Act\n2025\n824 Validation of environmental authorities purportedly issued for\nparticular standard applications . . . . . . . . . . . . . . . . . 11\n825 Electronic system approved before commencement 12\n13 Other amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13\nPart 3 Amendment of Nature Conservation Act 1992\n14 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13\n15 Amendment of s 143A (False or misleading documents) . . . . . . 13\n16 Replacement of s 143B (Chief executive may approve use of information\nsystem) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14\n143B Authorisation for automatic dealing with particular authorities\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14\n143BA Electronic system for automatic dealing with particular\nauthorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15\n17 Amendment of s 143G (Internal review) . . . . . . . . . . . . . . . . . . . 15\n18 Insertion of new pt 12, div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16\nDivision 9 Validation and transitional provisions for Nature\nConservation and Other Legislation Amendment Act\n2025\n220 Validation of regulation authorities . . . . . . . . . . . . . . 16\n221 Electronic system approved before commencement 17\nSchedule 1 Other amendments of Environmental Protection Act 1994 . . 19\n\n2025\nA Bill\nfor\nAn Act to amend the Environmental Protection Act 1994 and the\nNature Conservation Act 1992 for particular purposes\n\nPage 4\nAuthorised by the Parliamentary Counsel\n[s 1]\nNature Conservation and Other Legislation Amendment Bill 2025\nPart 1 Preliminary\nThe Parliament of Queensland enacts—\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Nature Conservation and Other\nLegislation Amendment Act 2025.\n2 Commencement\nThe following provisions commence on the day that is 28\ndays after the date of assent—\n(a) part 2, division 3;\n(b) part 3;\n(c) schedule 1.\nPart 2 Amendment of Environmental\nProtection Act 1994\nDivision 1 Preliminary\n3 Act amended\nThis part amends the Environmental Protection Act 1994.\nNote—\nSee also the amendments in schedule 1.\n1\n2\nClause 3\n4\n5\nClause 6\n7\n8\n9\n10\n11\n12\n13\n14\nClause 15\n16\n17\n18\n\nPage 5\nAuthorised by the Parliamentary Counsel\n[s 4]\nNature Conservation and Other Legislation Amendment Bill 2025\nPart 2 Amendment of Environmental Protection Act 1994\nDivision 2 Amendments commencing on\nassent\n4 Amendment of s 811 (Proceedings for particular offences\nrelating to particular instruments)\n(1) Section 811—\ninsert—\n(2A) A reference in subsection (2) to a proceeding for\nthe offence includes, for an offence against a\nrelevant infringement notice offence provision, a\nreference to action by way of an infringement\nnotice under the State Penalties Enforcement Act\n1999 and, for that purpose, the State Penalties\nEnforcement Regulation 2014 applies as if it had\nnot been amended by the amending Act.\n(2) Section 811(3)—\nomit, insert—\n(3) Subsections (2) and (2A)—\n(a) do not limit the Acts Interpretation Act\n1954, section 20; and\n(b) apply despite the Criminal Code, section 11.\n(3A) Any action under the State Penalties Enforcement\nAct 1999 taken in relation to a relevant\ninfringement notice offence provision before the\ncommencement of subsection (2A) is taken to be,\nand to have always been, as valid as if subsection\n(2A) were in force when the action was taken.\n(3) Section 811(4)—\ninsert—\nrelevant infringement notice offence provision\nmeans a relevant offence provision that,\nimmediately before the commencement of the\namending Act, part 4, was mentioned in the State\n1\n2\nClause 3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 6\nAuthorised by the Parliamentary Counsel\n[s 5]\nNature Conservation and Other Legislation Amendment Bill 2025\nPart 2 Amendment of Environmental Protection Act 1994\nPenalties Enforcement Regulation 2014, schedule\n1, entry for Environmental Protection Act 1994.\nDivision 3 Amendments commencing 28 days\nafter assent\n5 Insertion of new ch 5, pt 5, div 2, sdiv 1A\nChapter 5, part 5, division 2—\ninsert—\nSubdivision 1A Standard\napplications—general\n169A Approval of standard applications generally\n(1) This section applies if—\n(a) an applicant makes a standard application,\nother than an application for a mining\nactivity relating to a mining lease; and\n(b) the applicant—\n(i) is a registered suitable operator; or\n(ii) has, together with the standard\napplication, applied under section 318F\nto be registered as a suitable operator\nfor carrying out the relevant activity for\nthe application and has been given\nnotice under section 318I(1)(a) stating\nthe application for registration is\napproved.\n(2) On the day the decision stage starts, the\nadministering authority is taken to have decided\nto approve the standard application subject to the\nstandard conditions for the relevant activities for\nthe application.\n1\n2\n3\n4\nClause 5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n\nPage 7\nAuthorised by the Parliamentary Counsel\n[s 6]\nNature Conservation and Other Legislation Amendment Bill 2025\nPart 2 Amendment of Environmental Protection Act 1994\nNotes—\n1 See sections 170 and 177 in relation to a standard\napplication for a mining activity relating to a\nmining lease.\n2 See also section 555 about approval of an electronic\nsystem to automatically issue an environmental\nauthority for a standard application mentioned in\nthis section.\n6 Replacement of s 170 (Deciding standard application)\nSection 170—\nomit, insert—\n170 Deciding standard application for mining\nactivity relating to mining lease\n(1) This section applies for a standard application for\na mining activity relating to a mining lease.\n(2) The administering authority must decide that the\nstandard application be approved subject to the\nstandard conditions for the mining activity.\n(3) However, the administering authority may decide\nthat the applicant be issued an environmental\nauthority on conditions that are different to the\nstandard conditions if—\n(a) a properly made submission was made for\nthe standard application relating to the\nsubject of a standard condition for the\nmining activity; and\n(b) the conditions are different only in relation\nto the subject of the standard condition\nmentioned in paragraph (a).\nNote—\nSee section 169A in relation to the approval of other\nstandard applications.\n1\n2\n3\n4\n5\n6\n7\n8\nClause 9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 8\nAuthorised by the Parliamentary Counsel\n[s 7]\nNature Conservation and Other Legislation Amendment Bill 2025\nPart 2 Amendment of Environmental Protection Act 1994\n7 Replacement of s 177 (Automatic decision for standard\napplication in particular circumstances)\nSection 177—\nomit, insert—\nSubdivision 3 Deemed decisions\n177 Deemed decision for standard application for\nmining activity relating to mining lease in\nparticular circumstances\n(1) This section applies for a standard application for\na mining activity relating to a mining lease.\n(2) If the administering authority does not decide the\nstandard application within the period required\nunder subdivision 1 for the application—\n(a) the administering authority is taken to have\ndecided to approve the application on the\nstandard conditions for the mining activity\nunder section 170(2); and\n(b) the decision is taken to have been made on\nthe last day of the period.\n8 Replacement of s 195 (Issuing environmental authority or\nPRCP schedule)\nSection 195—\nomit, insert—\n195 Issuing environmental authority or PRCP\nschedule\n(1) This section applies if the administering\nauthority—\n(a) is taken to have decided to approve a\nstandard application under section 169A; or\n(b) decides to approve another application for\nan environmental authority; or\nClause 1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\nClause 20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 9\nAuthorised by the Parliamentary Counsel\n[s 9]\nNature Conservation and Other Legislation Amendment Bill 2025\nPart 2 Amendment of Environmental Protection Act 1994\n(c) decides under section 170(3) or 171(2)(b) to\nissue an environmental authority; or\n(d) decides to approve a draft PRCP schedule\nfor a proposed PRC plan.\n(2) The administering authority must—\n(a) for a decision mentioned in subsection\n(1)(a), (b) or (c)—issue an environmental\nauthority to the applicant within the period\nstated in section 196 for the decision; or\n(b) for a decision mentioned in subsection\n(1)(d)—issue a PRCP schedule to the\napplicant within the period stated in section\n196 for the decision.\n9 Replacement of s 204 (Conditions that must be imposed\nfor standard or variation applications)\nSection 204—\nomit, insert—\n204 Environmental authorities for standard or\nvariation applications include particular\ncondition\n(1) This section applies for an environmental\nauthority or draft environmental authority issued\nfor a standard or variation application.\n(2) The environmental authority is taken to include a\ncondition requiring the holder of the authority to\ntake all reasonable steps to ensure the relevant\nactivity complies with the eligibility criteria for\nthe activity.\n(3) The condition under subsection (2) is taken to be\na standard condition imposed on the\nenvironmental authority.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\nClause 14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 10\nAuthorised by the Parliamentary Counsel\n[s 10]\nNature Conservation and Other Legislation Amendment Bill 2025\nPart 2 Amendment of Environmental Protection Act 1994\n10 Amendment of s 553 (Electronic applications and\nsubmissions)\n(1) Section 553(1)(b), ‘at a stated email address.’—\nomit, insert—\nby using a stated electronic system or sending an\nemail to a stated email address.\n(2) Section 553(2)—\nomit, insert—\n(2) The application or submission may be made by—\n(a) giving the information required by the\napproved form by using the stated electronic\nsystem; or\n(b) sending the information required by the\napproved form to the stated email address in\na format substantially similar to the\napproved form.\n11 Insertion of new s 555\nAfter section 554—\ninsert—\n555 Electronic system for automatically issuing\nparticular environmental authority\n(1) An electronic system must not be used to\nautomatically issue an environmental authority\nfor a standard application mentioned in section\n169A unless the chief executive approves the use\nof the system for that purpose.\n(2) The chief executive must take all reasonable steps\nto ensure the approved electronic system operates,\nand continues to operate, in compliance with the\nrequirements of this Act.\n(3) Subsection (1) does not prevent the approved\nelectronic system being used for another purpose\nClause 1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\nClause 17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 11\nAuthorised by the Parliamentary Counsel\n[s 12]\nNature Conservation and Other Legislation Amendment Bill 2025\nPart 2 Amendment of Environmental Protection Act 1994\nrelating to the administration of this Act.\n12 Insertion of new ch 13, pt 34\nChapter 13—\ninsert—\nPart 34 Validation and\ntransitional provisions\nfor Nature\nConservation and\nOther Legislation\nAmendment Act 2025\n824 Validation of environmental authorities\npurportedly issued for particular standard\napplications\n(1) This section applies if, before the\ncommencement—\n(a) a standard application was made for an\nenvironmental authority; and\n(b) the application was purportedly approved\nunder former section 170(2)(a) by the\noperation of an automated system; and\n(c) the authority was purportedly issued under\nformer section 195(2)(a) by the operation of\nan automated system.\n(2) Both of the following apply—\n(a) the standard application is taken to have\nbeen approved by a decision of the\nadministering authority;\n(b) the environmental authority is taken to have\nbeen issued by the administering authority\nat the relevant time.\n1\nClause 2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n\nPage 12\nAuthorised by the Parliamentary Counsel\n[s 12]\nNature Conservation and Other Legislation Amendment Bill 2025\nPart 2 Amendment of Environmental Protection Act 1994\n(3) Anything done or omitted to be done that would\nhave been valid and lawful under this Act or\nanother Act, had the standard application been\napproved by a decision of the administering\nauthority, and had the environmental authority\nbeen issued by the administering authority at the\nrelevant time, is taken to be, and always to have\nbeen, valid and lawful.\n(4) In this section—\nautomated system means an electronic system\noperated from time to time by a person\nperforming a function under this Act for an\nadministering authority.\nformer, for a provision, means the provision as in\nforce from time to time before the\ncommencement.\nrelevant time, in relation to an environmental\nauthority, means the time the authority was\npurportedly issued by the operation of an\nautomated system.\n825 Electronic system approved before\ncommencement\n(1) This section applies if—\n(a) before the commencement, the chief\nexecutive approved the use of an electronic\nsystem for the purpose of automatically\nissuing an environmental authority for a\nrelevant standard application; and\n(b) immediately before the commencement, the\napproval was in effect.\n(2) The electronic system is taken to be approved by\nthe chief executive under section 555(1) for the\nsame purpose for the period—\n(a) starting on the commencement; and\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n\nPage 13\nAuthorised by the Parliamentary Counsel\n[s 13]\nNature Conservation and Other Legislation Amendment Bill 2025\nPart 3 Amendment of Nature Conservation Act 1992\n(b) ending when the chief executive cancels the\napproval, whether to give a new approval\nunder section 555(1) or otherwise.\n(3) In this section—\nrelevant standard application means a standard\napplication, other than an application for a mining\nactivity relating to a mining lease.\n13 Other amendments\nSchedule 1 also amends the Environmental Protection Act\n1994.\nPart 3 Amendment of Nature\nConservation Act 1992\n14 Act amended\nThis part amends the Nature Conservation Act 1992.\n15 Amendment of s 143A (False or misleading documents)\n(1) Section 143A, ‘give to’—\nomit, insert—\ngive\n(2) Section 143A—\ninsert—\n(2) Subsection (1) applies in relation to a document\ngiven to an authorised person by any means,\nincluding by using an electronic system.\nNote—\nSee also section 157 in relation to making a false or\nmisleading statement to a conservation officer.\n1\n2\n3\n4\n5\n6\n7\nClause 8\n9\n10\n11\n12\nClause 13\n14\nClause 15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Page 14\nAuthorised by the Parliamentary Counsel\n[s 16]\nNature Conservation and Other Legislation Amendment Bill 2025\nPart 3 Amendment of Nature Conservation Act 1992\n16 Replacement of s 143B (Chief executive may approve use\nof information system)\nSection 143B—\nomit, insert—\n143B Authorisation for automatic dealing with\nparticular authorities\n(1) A regulation may prescribe any of the following\nmatters—\n(a) a type of relevant authority that may be\nautomatically issued, given or granted to a\nperson by the operation of an electronic\nsystem;\n(b) a type of relevant authority that may be\nautomatically amended, cancelled or\nrenewed by the operation of an electronic\nsystem;\n(c) the way in which a relevant authority\nmentioned in paragraph (a) or (b) may be\nautomatically issued, given, granted,\namended, cancelled or renewed by the\noperation of an electronic system.\n(2) The Minister may recommend to the Governor in\nCouncil the making of a regulation prescribing a\nmatter under subsection (1) only if the Minister is\nsatisfied prescribing the matter would not have a\ndetrimental effect on achieving the object of this\nAct.\n(3) In this section—\nprescribed provision see section 141(3).\nrelevant authority—\n(a) means a licence, permit or other authority\nunder the Act; but\n(b) does not include a licence, permit or other\nauthority mentioned in a prescribed\nClause 1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n\nPage 15\nAuthorised by the Parliamentary Counsel\n[s 17]\nNature Conservation and Other Legislation Amendment Bill 2025\nPart 3 Amendment of Nature Conservation Act 1992\nprovision for which the chief executive may\nnot, under section 141(2), delegate the chief\nexecutive’s powers.\n143BA Electronic system for automatic dealing\nwith particular authorities\n(1) An electronic system must not be used to deal\nwith a relevant authority under a regulation made\nunder section 143B(1) unless the chief executive\napproves the use of the system for that purpose.\n(2) The chief executive must take all reasonable steps\nto ensure the approved electronic system operates,\nand continues to operate, in compliance with the\nrequirements of this Act.\n(3) A relevant authority that is automatically dealt\nwith by the operation of the approved electronic\nsystem is taken to have been dealt with by a\ndecision of the chief executive.\n(4) Subsection (1) does not prevent the approved\nelectronic system being used for another purpose\nrelating to the administration of this Act.\n(5) In this section—\ndeal with, a relevant authority, means issue, give,\ngrant, amend, cancel or renew the authority.\nrelevant authority see section 143B(3).\n17 Amendment of s 143G (Internal review)\n(1) Section 143G(3)—\nomit, insert—\n(3) The application may be dealt with only by—\n(a) for an original decision about a relevant\nauthority taken to be dealt with by a\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\nClause 25\n26\n27\n28\n29\n30\n\nPage 16\nAuthorised by the Parliamentary Counsel\n[s 18]\nNature Conservation and Other Legislation Amendment Bill 2025\nPart 3 Amendment of Nature Conservation Act 1992\ndecision of the chief executive under section\n143BA(3)—an authorised person; or\n(b) for another original decision—a person\nwho—\n(i) did not make the original decision; and\n(ii) holds a more senior office than the\nperson who made the original decision.\n(2) Section 143G(4), ‘Subsection (3)’—\nomit, insert—\nSubsection (3)(b)\n18 Insertion of new pt 12, div 9\nPart 12—\ninsert—\nDivision 9 Validation and transitional\nprovisions for Nature\nConservation and Other\nLegislation Amendment\nAct 2025\n220 Validation of regulation authorities\n(1) This section applies if—\n(a) before the commencement, a regulation\nauthority was purportedly dealt with by the\noperation of an automated system; and\n(b) at the relevant time, the authority could have\nbeen lawfully dealt with by the chief\nexecutive under the relevant Act.\n(2) The regulation authority is taken to be as valid and\nlawful as if the authority had been lawfully dealt\nwith at the relevant time by the chief executive\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\nClause 11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n\nPage 17\nAuthorised by the Parliamentary Counsel\n[s 18]\nNature Conservation and Other Legislation Amendment Bill 2025\nPart 3 Amendment of Nature Conservation Act 1992\nunder the relevant Act.\n(3) For applying subsection (2), a matter required to\nhave been considered by the chief executive under\nthe relevant Act is taken to have been considered\nby the chief executive at the relevant time when\nthe regulation authority was dealt with.\n(4) Anything done or omitted to be done that would\nhave been valid and lawful under this Act or\nanother Act, had the regulation authority been\nlawfully dealt with, is taken to be, and always to\nhave been, valid and lawful.\n(5) In this section—\nautomated system means an electronic system\noperated from time to time by public service\nemployees of the department.\ndealt with, in relation to a regulation authority,\nmeans the authority was issued, given, granted,\namended or renewed.\nregulation authority means a licence, permit or\nother authority mentioned in a regulation made\nunder the relevant Act.\nrelevant Act, in relation to a regulation authority,\nmeans the Act as in force at the relevant time.\nrelevant time, in relation to a regulation authority,\nmeans the time the authority was purportedly\ndealt with.\n221 Electronic system approved before\ncommencement\n(1) This section applies if—\n(a) before the commencement, the chief\nexecutive approved the use of an electronic\nsystem for an automated purpose; and\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 18\nAuthorised by the Parliamentary Counsel\n[s 18]\nNature Conservation and Other Legislation Amendment Bill 2025\nPart 3 Amendment of Nature Conservation Act 1992\n(b) immediately before the commencement, the\napproval was in effect.\n(2) The electronic system is taken to be approved by\nthe chief executive under section 143BA(1) for\nthe same automated purpose for the period—\n(a) starting on the commencement; and\n(b) ending when the chief executive cancels the\napproval, whether to give a new approval\nunder section 143BA(1) or otherwise.\n(3) In this section—\nautomated purpose means automatically issuing,\ngiving, granting, amending, cancelling or\nrenewing, by the operation of an electronic\nsystem, a licence, permit or other authority\nmentioned in a regulation made under this Act.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n\nSchedule 1\nNature Conservation and Other Legislation Amendment Bill 2025\nPage 19\nAuthorised by the Parliamentary Counsel\nSchedule 1 Other amendments of\nEnvironmental Protection Act\n1994\nsection 13\n1 Chapter 5, part 5, division 2, subdivision 2, heading,\n‘Decision’—\nomit, insert—\nOther applications\n2 Section 175, heading, after ‘application’—\ninsert—\nfor mining activity relating to mining lease\n3 Section 178, heading, ‘Automatic’—\nomit, insert—\nDeemed\n4 Section 179, heading, ‘Automatic’—\nomit, insert—\nDeemed\n5 Section 181(1), ‘subdivision 2,’—\nomit.\n6 Section 181(2)(b), ‘section 170(2)(b)’—\nomit, insert—\nsection 170(3)\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n\nSchedule 1\nNature Conservation and Other Legislation Amendment Bill 2025\nPage 20\nAuthorised by the Parliamentary Counsel\n7 Section 182(1), ‘section 170(2)(b)’—\nomit, insert—\nsection 170(3)\n8 Section 196(e), after ‘made’—\ninsert—\nor taken to be made\n9 Section 203(3), ‘given’—\nomit, insert—\nissued\n10 Section 277, heading, ‘Automatic cancellation’—\nomit, insert—\nCancellation\n11 Schedule 4, definition registered suitable operator,\n‘section 318I(1)(b)’—\nomit, insert—\nchapter 5A, part 4\n© State of Queensland 2025\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16","sortOrder":1}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Bill broadens the scope of routine administrative decision‑making by authorising and formalising the automatic or deemed issuance of environmental and conservation authorities via approved electronic systems (new ss 169A, 555, 143BA). Compared with the prior framework—where decisions were typically made case‑by‑case by the administering authority or chief executive—the Bill expands automatic dealing to additional categories (standard applications for registered suitable operators and types of regulation authorities prescribed by regulation). It also retroactively validates prior automated actions (ss 824–825, 220–221), which extends the Bill’s practical reach beyond prospective governance to legitimise past automated issuances. Finally, it shifts some enforcement tasks to the infringement notice regime (s 811), changing enforcement scope and the mix between civil‑penalty and criminal pathways. These changes meaningfully enlarge the role of automation and infringement enforcement relative to a conventional, discretionary decision‑making model."},"complexity_factors":["Multiple insertions and replacements across two primary Acts (Environmental Protection Act 1994 and Nature Conservation Act 1992) and schedule amendments—raises cross‑Act interactions.","Introduction of several new provisions and subdivisions (e.g. new s 169A; new ss 555, 824–825 in EP Act; new ss 143BA, 220–221 in NC Act).","Numerous cross‑references to existing sections (e.g. s 318F/s 318I registration process, s 170/s 177/s 196), requiring tracing of eligibility and timing rules across Parts.","New defined or technical terms used in transitional/validation provisions (eg 'automated system', 'relevant infringement notice offence provision', 'relevant authority', 'relevant time')—interpretation required to apply validations.","Conditional logic and exceptions: automatic/deemed approvals apply in some categories (standard applications, registered suitable operators) but full decision rules are retained for mining lease matters with limited variation allowed (s 170(3)).","Changes to enforcement pathways (infringement notices) that interact with external instrument (State Penalties Enforcement Act 1999) and its regulation—requires cross‑instrument analysis.","Delegation and review adjustments (chief executive approval, internal review route changes) shift administrative responsibility and narrow review channels in specified cases (amended s 143G).","Validation and retroactive validation clauses that affect legal certainty and may close judicial review points—adds legal complexity for challenge and compliance assessments.","Technical amendments to electronic application formats and processes (s 553) that require procedural updates for applicants and agencies.","Moderate length and number of new sections (several dozen clauses and schedule items) but the rules are narrowly focused on automation and standard applications rather than wholesale restructuring."],"plain_english_summary":"**What this Bill does (mechanically)\n\n- Enables automatic or deemed approvals for certain \"standard\" environmental applications when the applicant is a registered suitable operator (new s 169A of the Environmental Protection Act 1994 (EP Act)).\n- Requires the administering authority to approve standard applications for mining activities relating to a mining lease, subject to standard conditions, unless a properly made submission requires changing a specific condition (replaced s 170 and s 177).\n- Makes the administering authority required to issue environmental authorities or PRCP schedules within the statutory period once a decision is made or taken to be made (replaced s 195 and s 196 cross‑reference).\n- Inserts an express standard condition into environmental authorities that the holder must take all reasonable steps to ensure the activity complies with eligibility criteria (replaced s 204).\n- Allows use of electronic systems to make applications and to issue or otherwise \"deal with\" authorities automatically, but only where the chief executive has approved the system (amendments to s 553; new ss 555 (EP Act) and 143BA (Nature Conservation Act 1992 (NC Act))).\n- Validates past uses of automated systems so authorities purportedly issued or dealt with before commencement are taken to have been lawfully issued/dealt with (transitional/validation provisions: ss 824–825 in the EP Act and ss 220–221 in the NC Act).\n- Permits certain enforcement matters to be handled by infringement notices under the State Penalties Enforcement Act 1999 for specified offence provisions (amendment to s 811).\n- Expands the regulation‑making power to specify types of NC Act authorities that may be automatically issued, amended, cancelled or renewed by regulation and requires ministerial satisfaction that automatic dealing will not detrimentally affect the Act's object (replacement s 143B).\n\nWho is affected\n\n- Applicants for environmental authorities and operators carrying out regulated activities: registered suitable operators benefit most directly (new s 169A). They may receive faster, automatic approvals if they meet registration requirements.\n- The administering authority and the chief executive: their role shifts from full discretionary decision‑making in some cases to supervisory oversight of approved electronic systems and to confirming automated decisions (ss 555, 143BA).\n- Regulators and decision makers doing internal reviews: internal review routes are adjusted where an automated decision is taken to be a decision of the chief executive (amendment to s 143G).\n- Persons subject to enforcement: certain offences can be enforced by infringement notices rather than court prosecutions (amendment to s 811).\n\nWhy it matters (stated objectives and how the Bill achieves them)\n\n- The Bill’s text indicates an objective to speed up and standardise low‑risk regulatory approvals by making \"standard\" applications (for which standard conditions exist) automatically approvable when lodged by registered suitable operators (see new s 169A and replaced s 170). That mechanically reduces the need for an individual officer to make a bespoke decision for each such application.\n- It also expressly enables and regulates the use of electronic systems to perform those automatic tasks (new s 555 (EP Act) and s 143BA (NC Act)) and validates prior automated actions (ss 824–825 and 220–221) to remove legal uncertainty about past automated issuances.\n\nTesting those objectives against costs, incentives and implementation risks\n\n- Who pays / who benefits: Registered suitable operators get concentrated, immediate benefits in faster approvals (new s 169A). The public administration benefits from reduced transaction volumes for routine decisions. Costs of establishing, operating and maintaining approved electronic systems fall to the administering agency (chief executive) and to applicants who must register and demonstrate suitability (see s 169A cross‑ref to registration process s 318F/s 318I). There is an ongoing administrative cost to supervise and audit approved systems (ss 555(2), 143BA(2)).\n\n- Incentives and behaviour changes: Developers and operators have an incentive to register as suitable operators to obtain automatic processing (new s 169A). Regulators have an incentive to design robust automation to reduce manual workloads, but must retain oversight (ss 555 and 143BA require chief executive approval and reasonable steps to ensure compliance). Applicants may structure applications to fit the \"standard\" category to access automatic approval, which could shift project design or timing choices.\n\n- Trade‑offs and opportunity costs: Speed and predictability for routine matters are traded against a reduction in case‑by‑case administrative scrutiny. For mining leases, the Bill preserves a decision requirement (replaced s 170) and a deemed decision backstop if time limits expire (replaced s 177), but limits the scope for changing conditions to subjects raised in properly made submissions (s 170(3)). That narrows the regulator's ability to impose non‑standard conditions except where submissions prompt change.\n\n- Compliance and monitoring burden: Automatic approvals are conditioned by an express duty on the holder to take \"all reasonable steps\" to comply with eligibility criteria (replaced s 204(2)). That shifts some compliance burden onto operators and requires adequate monitoring and enforcement resources to ensure eligibility criteria are met in practice.\n\n- Implementation risk (technology & legal): The scheme relies on approved electronic systems. Failures, bugs, incorrect data, or cyber incidents could result in unlawful or inappropriate automatic approvals; the Bill mitigates retrospective legal risk by validating prior automated actions (ss 824–825, 220–221) but does not eliminate operational risk. The requirement that the chief executive take \"all reasonable steps\" to ensure compliance (ss 555(2), 143BA(2)) sets a supervisory obligation but leaves scope for dispute about what \"reasonable steps\" requires.\n\n- Accountability and review: The Bill treats automatically dealt‑with authorities as decisions of the chief executive (s 143BA(3)), and the internal review process is adjusted so reviews of such decisions go to an authorised person (amended s 143G). This centralises legal responsibility but can alter the avenues available to applicants or third parties seeking review (see amended s 143G(3)).\n\n- Enforcement shift: Allowing some offences to be dealt with by infringement notices under the State Penalties Enforcement Act (amendment to s 811) moves certain enforcement actions from criminal prosecution to civil penalty processes. That can increase enforcement throughput and reduce court costs but narrows prosecutorial discretion and may affect the deterrent effect of penalties depending on the infringement penalty levels and enforcement practice.\n\n- Distributional and market effects: Faster, standardised approvals reduce time‑to‑market and can lower transaction costs for businesses that qualify as suitable operators. That advantage is concentrated: entities that cannot or do not register (for example small operators, new entrants, or activities outside the \"standard\" classification) see less benefit. Automation may advantage operators with capacity to meet electronic and registration requirements, which can affect competition in regulated sectors.\n\nKey concrete section references (mechanics)\n\n- Automatic approval for non‑mining standard applications where applicant is a registered suitable operator or has an approved concurrent registration application: new s 169A (EP Act).\n- Mandatory approval for standard applications for mining activities relating to a mining lease (with limited ability to vary conditions after submissions): replaced s 170 and replaced s 177 (EP Act).\n- Requirement to issue environmental authority or PRCP schedule within the statutory period after a decision (replaced s 195 (EP Act), cross‑ref s 196).\n- Standard condition requiring reasonable steps to meet eligibility criteria (replaced s 204(2) (EP Act)).\n- Electronic filing and format changes to applications (amended s 553 (EP Act)).\n- Chief executive approval required before using an electronic system to automatically issue or otherwise deal with authorities (new s 555 (EP Act); new s 143BA (NC Act)).\n- Validation of prior automated issuances and approvals (EP Act ss 824–825; NC Act ss 220–221).\n- Infringement notices treatment for certain offences (amendment to s 811 (EP Act)).\n\nBottom line (practical effect)\n\n- The Bill materially increases the role of approved electronic systems in environmental and nature conservation decision‑making and formalises automatic or deemed approvals for routine \"standard\" applications for registered suitable operators. It speeds and standardises approvals for eligible applicants, shifts day‑to‑day decision‑making toward automation subject to chief executive oversight, validates past automated actions, and moves some enforcement to the infringement notice regime. Those changes reduce transaction time for routine approvals but create reliance on robust systems, require active supervisory controls, and change the allocation of regulatory discretion and legal review pathways (see ss 169A, 170, 177, 195, 204, 553, 555, 143B, 143BA, 824–825, 220–221)."},"summary":{"status_summary":"The Nature Conservation and Other Legislation Amendment Bill 2025 received royal assent on an unspecified date, with certain provisions commencing on assent and the remainder commencing 28 days after assent.","complexity_score":6,"likely_questions":["When does each part of the Bill take effect and which provisions start on assent versus 28 days later?","How does the new automatic approval process for standard applications (section 169A) differ from the previous manual decision process?","What does 'registered suitable operator' mean and how does an applicant obtain that status?","Are existing environmental authorities that were issued by an automated system now fully validated, and can they be challenged?","What types of conservation permits can be automatically issued under new regulations, and will there be public consultation on those regulations?","How will internal review rights work for decisions made automatically by an electronic system under the Nature Conservation Act?"],"complexity_factors":["Multiple commencement dates with different provisions effective at different times","Validation provisions that retrospectively alter the legal status of past automated approvals, creating potential transitional complexity","New automated decision-making pathways that interact with existing standard application processes and eligibility criteria","Interplay between the two amended Acts with different regulatory frameworks for environmental authorities and conservation permits","Dependence on future regulations to prescribe which authorities can be automatically dealt with under the Nature Conservation Act"],"plain_english_summary":"This Bill formalises and expands use of approved electronic systems to automatically issue, amend, cancel or renew certain environmental authorities and nature‑conservation permits, validates past automated approvals, and requires chief executives to approve and ensure system compliance. It affects businesses applying under the Environmental Protection Act (notably standard applications and mining‑lease cases) and holders/applicants under the Nature Conservation Act, and shifts some decisions from individual officers to authorised automated‑system processes. Most changes start 28 days after assent, with one provision commencing on assent."}},"importantCases":[],"_links":{"self":"/api/acts/nature-conservation-and-other-legislation-amendment-bill-2025","history":"/api/acts/nature-conservation-and-other-legislation-amendment-bill-2025/history","analysis":"/api/acts/nature-conservation-and-other-legislation-amendment-bill-2025/analysis","conflicts":"/api/acts/nature-conservation-and-other-legislation-amendment-bill-2025/conflicts","importantCases":"/api/acts/nature-conservation-and-other-legislation-amendment-bill-2025/important-cases","documents":"/api/acts/nature-conservation-and-other-legislation-amendment-bill-2025/documents"}}