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(a) a person holds an environmental authority
that approves the code-managed ERA when
the first ERA code for the code-managed
ERA takes effect; and
(b) the person does not, within 12 months after
the first ERA code takes effect—
(i) request registration in relation to the
code-managed ERA under section
318ZM; or
(ii) give the administering authority a
written notice stating that the person
intends to continue carrying out the
code-managed ERA under the
environmental authority.
(2) However, this section does not apply if—
(a) the person’s environmental authority is for
an ERA project; or
(b) a development permit for a material change
of use of premises is necessary under the
Planning Act for the code-managed ERA; or
(c) the person’s environmental authority was
issued for a site-specific or variation
application.
(3) On the day that is 12 months after the first ERA
code takes effect—
(a) the person is taken to be registered under
part 1 in relation to the code-managed ERA;
and
(b) the environmental authority stops applying
in relation to the code-managed ERA; and
(c) the person is taken to have surrendered—
(i) the environmental authority; or
(ii) if the environmental authority also
applies to 1 or more other
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environmentally relevant
activities—the part of the
environmental authority applying to
the code-managed ERA.
Note—
See section 435A for the requirement to comply with
the relevant ERA code when carrying out a
code-managed ERA other than under an environmental
authority.
(4) The administering authority must, as soon as
practicable—
(a) record in the relevant register—
(i) the person’s registration under part 1 in
relation to the code-managed ERA; and
(ii) the surrender of the environmental
authority, or the part of the
environmental authority; and
(b) give the person written notice of the
registration and the surrender; and
(c) refund to the person any amount required to
be refunded for the environmental authority
under section 318ZZ, after deducting any
registration fee prescribed for the
registration under section 318ZM(2)(b).
(5) If the registration fee mentioned in subsection
(4)(c) is higher than the amount required to be
refunded for the environmental authority under
section 318ZZ, the person must, within 20
business days after receiving a notice under
subsection (4), pay the amount of the difference to
the administering authority.
Division 3 Other code-managed
ERAs
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Part 2 Amendment of Environmental Protection Act 1994
318ZV Application of division
This division applies in relation to a
code-managed ERA if—
(a) an ERA code is in effect for the activity; and
(b) part 1 does not apply in relation to the
activity.
318ZW Withdrawal of application for environmental
authority if applicant gives notice
(1) A person who has applied for an environmental
authority for the code-managed ERA may, before
the application is decided, give the administering
authority a written notice stating that the person
intends to carry out the code-managed ERA under
the ERA code.
(2) If the administering authority receives a written
notice under subsection (1)—
(a) the person’s application for the
environmental authority for the
code-managed ERA is taken to have been
withdrawn; and
(b) the administering authority must refund to
the person any fee paid for the application
for the environmental authority for the
code-managed ERA.
(3) If the person’s application for an environmental
authority relates to the code-managed ERA and
other environmentally relevant activities—
(a) subsection (2)(a) applies only to the extent
the application relates to the code-managed
ERA; and
(b) subsection (2)(b) does not apply in relation
to the application.
(4) If the application for the environmental authority
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Part 2 Amendment of Environmental Protection Act 1994
was made jointly by 2 or more applicants—
(a) the principal applicant may give the notice
mentioned in subsection (1) for all
applicants for the application; and
(b) the administering authority may comply
with subsection (2)(b) by refunding the fee
to the principal applicant.
318ZX Surrender of environmental authority if
holder gives notice
(1) A person who holds an environmental authority
that approves the code-managed ERA may give
the administering authority a written notice
stating that the person intends to carry out the
code-managed ERA under the ERA code.
(2) If the administering authority receives a written
notice under subsection (1)—
(a) the environmental authority stops applying
in relation to the code-managed ERA; and
(b) the person is taken to have surrendered—
(i) the environmental authority; or
(ii) if the environmental authority also
applies to 1 or more other
environmentally relevant
activities—the part of the
environmental authority applying to
the code-managed ERA.
Note—
See section 435A for the requirement to comply with
the relevant ERA code when carrying out a
code-managed ERA other than under an environmental
authority.
(3) The administering authority must, as soon as
practicable—
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Part 2 Amendment of Environmental Protection Act 1994
(a) record the surrender of the environmental
authority, or the part of the environmental
authority, in the relevant register; and
(b) give the person written notice of the
surrender; and
(c) refund to the person any amount required to
be refunded for the environmental authority
under section 318ZZ.
318ZY Surrender of environmental authority on
holder’s deemed decision
(1) This section applies if—
(a) a person holds an environmental authority
that approves the code-managed ERA when
the first ERA code for the code-managed
ERA takes effect; and
(b) the person does not, within 12 months after
the first ERA code takes effect, give the
administering authority—
(i) a written notice stating that the person
intends to carry out the code-managed
ERA under the ERA code; or
(ii) a written notice stating that the person
intends to continue carrying out the
code-managed ERA under the
environmental authority.
(2) However, this section does not apply if—
(a) the person’s environmental authority is for
an ERA project; or
(b) a development permit for a material change
of use of premises is necessary under the
Planning Act for the code-managed ERA; or
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Part 2 Amendment of Environmental Protection Act 1994
(c) the person’s environmental authority was
issued for a site-specific or variation
application.
(3) On the day that is 12 months after the first ERA
code takes effect—
(a) the person is taken to have decided to carry
out the code-managed ERA under the ERA
code; and
(b) the environmental authority stops applying
in relation to the code-managed ERA; and
(c) the person is taken to have surrendered—
(i) the environmental authority; or
(ii) if the environmental authority also
applies to 1 or more other
environmentally relevant
activities—the part of the
environmental authority applying to
the code-managed ERA.
Note—
See section 435A for the requirement to comply with
the relevant ERA code when carrying out a
code-managed ERA other than under an environmental
authority.
(4) The administering authority must, as soon as
practicable—
(a) record the surrender of the environmental
authority, or the part of the environmental
authority, in the relevant register; and
(b) give the person written notice of the
surrender; and
(c) refund to the person any amount required to
be refunded for the environmental authority
under section 318ZZ.
(5) For applying this Act, the person is taken to have
given the administering authority a written notice,
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Part 2 Amendment of Environmental Protection Act 1994
on the day mentioned in subsection (3), stating the
person intends to carry out the code-managed
ERA under the ERA code.
Division 4 Other provision
318ZZ Amount refundable on surrender
(1) This section applies if—
(a) an environmental authority that approves a
code-managed ERA is taken to have been
surrendered or partially surrendered under a
provision of this part; and
(b) an annual fee was paid under this Act for the
environmental authority for a 12-month
period in which the surrender happens; and
(c) either—
(i) the environmental authority is wholly
surrendered; or
(ii) the environmental authority is partially
surrendered and the annual fee paid for
the authority for the 12-month period is
higher than the annual fee that would
have been payable for the authority for
the 12-month period if the authority
had not approved the code-managed
ERA.
(2) The administering authority must refund the
relevant annual fee amount to the person who is
taken to have surrendered or partially surrendered
the environmental authority.
(3) The relevant annual fee amount is the proportion
of the following amount that is attributable to the
remaining part of the 12-month period in which
the surrender happens—
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Part 2 Amendment of Environmental Protection Act 1994
(a) for an environmental authority that is
wholly surrendered—the annual fee paid for
the authority for the 12-month period;
(b) for an environmental authority that is
partially surrendered—the difference
between the annual fee paid for the authority
for the 12-month period and the annual fee
that would have been payable for the
authority for the 12-month period if the
authority had not approved the
code-managed ERA.
74 Amendment of s 319 (General environmental duty)
Section 319(3)(b)(ii), ‘code of practice’—
omit, insert—
GED code
75 Amendment of s 320A (Application of div 2)
Section 320A(4)(g)—
omit, insert—
(g) an ERA code; or
76 Amendment of s 330 (What is a transitional
environmental program)
Section 330(1)(c)(iii)—
omit, insert—
(iii) an ERA code; or
77 Amendment of s 331 (Requirements for applications
generally)
(1) Section 331(2)(e), from ‘, a development’ to ‘mining
activity’—
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Clause 20
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Clause 25
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Part 2 Amendment of Environmental Protection Act 1994
omit, insert—
or a development condition
(2) Section 331(2)—
insert—
(ea) if the activity is to transition to comply with
an ERA code, state—
(i) details of the ERA code; and
(ii) how the activity is to transition to
comply with the ERA code before the
program ends; and
(3) Section 331(2)(ea) to (h)—
renumber as section 331(2)(f) to (i).
78 Amendment of s 332 (Administering authority may
require particular entities to apply for issue of program)
Section 332(2)(ca)—
omit, insert—
(ca) that an ERA code is, or has been,
contravened by the person or public
authority; or
79 Amendment of s 346 (Effect of compliance with program)
Section 346(2)(e) and (3)(e)—
omit, insert—
(e) an ERA code; or
80 Amendment of s 359 (Meaning of enforcement ground)
Section 359(e)(iv)—
omit, insert—
(iv) an ERA code; or
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Clause 20
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Clause 24
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Part 2 Amendment of Environmental Protection Act 1994
81 Amendment of s 426 (Environmental authority required
for particular environmentally relevant activities)
Section 426(2)(a) and (b)—
omit, insert—
(a) an agricultural ERA that is not also a
general ERA; or
Note—
See section 82 for the requirement to comply with an
agricultural ERA standard when carrying out an
agricultural ERA.
(b) a code-managed ERA if the person—
(i) for a code-managed ERA that may be
carried out under the relevant ERA
code only by a person who is registered
under chapter 6, part 1—is registered
under chapter 6, part 1 in relation to the
code-managed ERA; or
(ii) for another code-managed ERA—has
given the administering authority a
written notice stating the person
intends to carry out the code-managed
ERA under the relevant ERA code; or
Note—
See section 435A for the requirement to comply with
the relevant ERA code when carrying out a
code-managed ERA other than under an environmental
authority.
82 Replacement of ch 8, pt 2A (Offences relating to
conditions)
Chapter 8, part 2A—
omit, insert—
Part 2A Offences relating to
code-managed ERAs
Clause 1
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Part 2 Amendment of Environmental Protection Act 1994
435A Offence to contravene relevant ERA code
(1) This section applies to a person who carries out a
code-managed ERA.
(2) However, this section does not apply if the person
holds, or is acting under, an environmental
authority for the code-managed ERA.
(3) The person must not wilfully contravene the
relevant ERA code.
Maximum penalty—1,665 penalty units.
(4) The person must not contravene the relevant ERA
code.
Maximum penalty—600 penalty units.
(5) In a proceeding for an offence against subsection
(3), if the court is not satisfied the defendant is
guilty of the offence charged but is satisfied the
defendant is guilty of an offence against
subsection (4), the court may find the defendant
guilty of the offence against subsection (4).
83 Amendment of s 452 (Entry of place—general)
Section 452(1)(g)—
omit, insert—
(g) it is a place at which a code-managed ERA
is carried out under the relevant ERA code
and the entry is made when—
(i) the activity is being carried out; or
(ii) the place is open for conduct of
business; or
(iii) the place is otherwise open for entry; or
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Part 2 Amendment of Environmental Protection Act 1994
84 Amendment of s 458 (Order to enter land to conduct
investigation or conduct work)
(1) Section 458(1)(a)(iii)(A), ‘agricultural ERA standard,’—
omit.
(2) Section 458(1)(a)(iii)(C)—
omit, insert—
(C) an ERA code; or
(D) an agricultural ERA standard; or
85 Amendment of s 493A (When environmental harm or
related acts are unlawful)
(1) Section 493A(2)(f)—
omit, insert—
(f) an ERA code; or
(2) Section 493A(5)(a), ‘code of practice’—
omit, insert—
GED code
(3) Section 493A(5)(b), ‘code’—
omit, insert—
GED code
86 Amendment of s 540 (Registers to be kept by
administering authority)
Section 540(1)—
insert—
(ac) persons registered under chapter 6, part 1 in
relation to code-managed ERAs;
Clause 1
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Clause 9
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Clause 20
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Part 2 Amendment of Environmental Protection Act 1994
87 Amendment of s 540A (Registers to be kept by chief
executive)
(1) Section 540A(1)(b)(iii)—
omit.
(2) Section 540A(1)(b)(iv) to (vii)—
renumber as section 540A(1)(b)(iii) to (vi).
(3) Section 540A(1)—
insert—
(ba) GED codes;
(bb) ERA codes;
(4) Section 540A(1)(ba) to (f)—
renumber as section 540A(1)(c) to (h).
88 Insertion of new ch 12, pt 1A, div 1, hdg
Chapter 12, part 1A, before section 551—
insert—
Division 1 Making codes of practice
for general environmental
duty
89 Amendment of s 551 (Codes of practice)
(1) Section 551, heading—
omit, insert—
551 Code of practice for general environmental
duty
(2) Section 551(1), from ‘Minister’ to ‘practice’—
omit, insert—
chief executive may make a code of practice (a
GED code)
Clause 1
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Section retrieval-0009 - Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment Bill 2025 - Document excerpt 9 | Zoe