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Part 3 Amendment of Forestry Act 1959
Legislation Amendment
Act 2025
151 Existing permits
(1) This section applies to the following permits and
agreements in effect immediately before the
commencement—
(a) a permit under the former Act to conduct a
commercial activity, other than getting
forest products, in a State forest or timber
reserve;
(b) an agreement under the former Act to
conduct a commercial activity, other than
getting forest products, in a State forest or
timber reserve;
(c) a permit under the former Act to conduct an
activity that was an organised event
mentioned in former section 73C(1).
(2) From the commencement—
(a) a permit mentioned in subsection (1)(a) is
taken to be a commercial activity permit
under the new Act; and
(b) an agreement mentioned in subsection
(1)(b) is taken to be a commercial activity
agreement under the new Act; and
(c) a permit mentioned in subsection (1)(c) is
taken to be an organised event permit under
the new Act.
(3) Each permit or agreement—
(a) is subject to any conditions or terms that
applied to the permit or agreement
immediately before the commencement; and
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(b) may be amended, extended, transferred,
suspended, cancelled or surrendered under
the new Act.
(4) If, immediately before the commencement, the
permit or agreement was suspended under the
former Act, the permit or agreement continues to
be suspended under the new Act.
(5) In this section—
former, in relation to a provision of the Act,
means the provision as in force from time to time
before the commencement.
new Act means the Act as in force from the
commencement.
108 Amendment of sch 3 (Dictionary)
(1) Schedule 3, definitions apiary permits, approved form,
camping permit, commercial activity permit, occupation
permits and stock grazing permits—
omit.
(2) Schedule 3—
insert—
apiary permit see section 35(1)(d).
approved form—
(a) for part 6E—means a form approved under
section 61RU(2)(a); or
(b) otherwise—means a form approved under
section 22.
camping permit see section 35(1)(b).
commercial activity, in relation to a State forest or
timber reserve, means—
(a) an activity that is conducted for gain in, over
or adjacent to the forest or reserve; or
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Part 4 Amendment of Geothermal Energy Act 2010
(b) an activity that is advertising or promoting
the use of the forest or reserve for gain.
Examples—
1 a guided tour, scenic flight or cruise in, over or
adjacent to a State forest or timber reserve
2 filming or advertising a State forest or timber
reserve to sell a product or promote a tour, scenic
flight, tourist facility or resort
commercial activity agreement see section 41(1).
commercial activity permit see section 35(1)(e).
occupation permit see section 35(1)(a).
organised event see section 73C(1).
organised event permit see section 35(1)(f).
related permission, for a commercial activity
permit or an organised event permit, means—
(a) a permission under the Marine Parks Act
2004 for an activity or purpose similar to the
permit; or
(b) a commercial activity permit or an
organised event permit under the Nature
Conservation Act 1992; or
(c) a commercial activity permit or an
organised event permit under the Recreation
Areas Management Act 2006.
single integrated permission see section 38(2)(c).
stock grazing permit see section 35(1)(c).
Part 4 Amendment of Geothermal
Energy Act 2010
109 Act amended
This part amends the Geothermal Energy Act 2010.
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Section retrieval-0012 - Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment Bill 2025 - Document excerpt 12 | Zoe
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Note—
See also the amendments in schedule 1, part 2.
110 Amendment of sch 2 (Dictionary)
(1) Schedule 2, definitions relevant environmental authority and
relevant environmental condition—
omit.
(2) Schedule 2—
insert—
environmental authority means an
environmental authority under the Environmental
Protection Act.
ERA code means an ERA code under the
Environmental Protection Act.
relevant environmental authority, for a
geothermal tenure or proposed geothermal tenure,
means an environmental authority issued for
activities that are—
(a) authorised or to be authorised under the
geothermal tenure or proposed geothermal
tenure; and
(b) activities for which an environmental
authority is required under the
Environmental Protection Act.
relevant environmental condition, for a
provision about a geothermal tenure or proposed
geothermal tenure, means—
(a) a condition of any relevant environmental
authority for the geothermal tenure or
proposed geothermal tenure; or
(b) if any of the activities authorised or to be
authorised under the geothermal tenure or
proposed geothermal tenure are carried out
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under an ERA code—a condition of the
ERA code that applies to the carrying out of
the activities.
Part 5 Amendment of Greenhouse
Gas Storage Act 2009
111 Act amended
This part amends the Greenhouse Gas Storage Act 2009.
Note—
See also the amendments in schedule 1, part 2.
112 Amendment of sch 2 (Dictionary)
(1) Schedule 2, definitions relevant environmental authority and
relevant environmental condition—
omit.
(2) Schedule 2—
insert—
environmental authority means an
environmental authority under the Environmental
Protection Act.
ERA code means an ERA code under the
Environmental Protection Act.
relevant environmental authority, for a GHG
authority or proposed GHG authority, means an
environmental authority issued for activities that
are—
(a) authorised or to be authorised under the
GHG authority or proposed GHG authority;
and
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(b) activities for which an environmental
authority is required under the
Environmental Protection Act.
relevant environmental condition, for a
provision about a GHG authority or proposed
GHG authority, means—
(a) a condition of any relevant environmental
authority for the GHG authority or proposed
GHG authority; or
(b) if any of the activities authorised or to be
authorised under the GHG authority or
proposed GHG authority are carried out
under an ERA code—a condition of the
ERA code that applies to the carrying out of
the activities.
Part 6 Amendment of Mineral and
Energy Resources (Financial
Provisioning) Act 2018
113 Act amended
This part amends the Mineral and Energy Resources
(Financial Provisioning) Act 2018.
Note—
See also the amendments in schedule 1, part 2.
114 Amendment of s 3 (Main purposes)
(1) Section 3(b), from ‘or small’ to ‘or tenure’—
omit, insert—
does not comply with the holder’s obligations
under the authority
(2) Section 3(c), ‘or small scale mining tenure’—
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omit.
115 Amendment of s 5 (Relationship with Environmental
Protection Act 1994)
Section 5(2), ‘or small scale mining tenure’—
omit.
116 Amendment of s 6 (Act does not affect other rights or
remedies)
Section 6(4), ‘or small scale mining tenure’—
omit.
117 Amendment of s 25 (Cash surety account)
Section 25(1) and (3), ‘or small scale mining tenure’—
omit.
118 Amendment of s 53 (Application of subdivision)
Section 53(i)—
omit.
119 Amendment of s 55 (Holder must give surety)
(1) Section 55(1)—
omit, insert—
(1) The holder of the authority must give a surety for
the authority in a form approved by the scheme
manager under section 56.
Note—
The holder of the authority must not carry out, or allow
the carrying out of, a resource ERA under the authority
unless the holder has given the surety—see the
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Part 6 Amendment of Mineral and Energy Resources (Financial Provisioning) Act 2018
Environmental Protection Act 1994, sections 297 and
430.
(2) Section 55(2)(d)—
omit.
120 Amendment of s 55A (When surety must be given)
(1) Section 55A(10)—
omit.
(2) Section 55A(11)—
renumber as section 55A(10).
121 Amendment of s 58 (Release of surety)
Section 58(3), ‘, or small scale mining tenure,’—
omit.
122 Amendment of s 59 (Notification of administering
authority)
Section 59, ‘or small scale mining tenure’—
omit.
123 Amendment of s 61 (Administration fee for particular
sureties)
(1) Section 61(1)(b)—
omit.
(2) Section 61(1)(c), ‘or small scale mining tenure’—
omit.
(3) Section 61(1)(c)—
renumber as section 61(1)(b).
(4) Section 61(3)(a), ‘or (b)’—
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omit.
(5) Section 61(3)(b), ‘(1)(c)’—
omit, insert—
(1)(b)
124 Amendment of s 67 (Requesting entity may ask for
realisation of surety)
Section 67(2)(c), ‘or small scale mining tenure’—
omit.
125 Amendment of s 69 (Replenishment of surety)
Section 69(1)(b), (2) and (3), ‘or small scale mining tenure’—
omit.
126 Insertion of new pt 7, div 3
Part 7—
insert—
Division 3 Transitional provision for
Environmental Protection
(Efficiency and
Streamlining) and Other
Legislation Amendment
Act 2025
110 Release of surety provided for small scale
mining tenure
(1) This section applies in relation to—
(a) a surety given by the holder of a small scale
mining tenure under part 3, division 2 as in
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Part 6 Amendment of Mineral and Energy Resources (Financial Provisioning) Act 2018
force from time to time before the
commencement; and
(b) a surety given by the holder of a small scale
mining tenure under part 3, division 2,
including a replenishment under section 69,
after the commencement because of the
operation of the Environmental Protection
Act 1994, section 851.
(2) The scheme manager must release the surety to
the holder as soon as practicable after—
(a) the commencement; or
(b) if, on the commencement, the holder is
carrying out the small scale mining activity
as provided under the Environmental
Protection Act 1994, section 851—the event
mentioned in section 851(2)(a), (b) or (c) of
that Act happens.
(3) However, the scheme manager may release the
surety to the holder only if—
(a) there is no existing claim for the surety; and
(b) the scheme manager is satisfied there is no
potential claim for the surety.
(4) Without limiting subsection (3)(b), the scheme
manager may be satisfied there is no potential
claim for the surety if the chief executive
(environment) gives the scheme manager a notice
stating the chief executive (environment) will not
be making a claim for the surety.
(5) In this section—
claim, for a surety, means a request under the
Environmental Protection Act 1994, section
316D(2)(b) for the payment of costs and expenses
by the scheme manager making a claim on or
realising the surety.
existing claim, for a surety, means a claim for the
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Part 7 Amendment of Mineral Resources Act 1989
surety that has been made but not finally dealt
with.
potential claim, for a surety, means a claim for the
surety that has not been made but may be made
under the Environmental Protection Act 1994,
section 857.
small scale mining activity see the Environmental
Protection Act 1994, schedule 4.
small scale mining tenure means a mining
tenure, within the meaning of the Environmental
Protection Act 1994, for a small scale mining
activity.
127 Amendment of sch 1 (Dictionary)
Schedule 1, definition small scale mining tenure—
omit.
Part 7 Amendment of Mineral
Resources Act 1989
128 Act amended
This part amends the Mineral Resources Act 1989.
Note—
See also the amendments in schedule 1, part 1.
129 Amendment of s 25 (Conditions of prospecting permit)
Section 25(5), from ‘prescribed condition’—
omit, insert—
relevant environmental condition for the
prospecting permit.
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Part 7 Amendment of Mineral Resources Act 1989
130 Amendment of s 74 (Grant of mining claim to which no
objection is lodged)
Section 74(2)(c)—
omit, insert—
(c) if the proposed mining claim is to authorise
relevant resource ERAs—an environmental
authority for the relevant resource ERAs has
been issued.
131 Amendment of s 334ZV (Deciding application for water
monitoring authority)
Section 334ZV(2)—
omit, insert—
(2) However, if the water monitoring authority is to
authorise relevant resource ERAs, the water
monitoring authority must not be granted unless
an environmental authority for the relevant
resource ERAs has been issued.
Note—
If the application relates to acquired land, see also
section 10AAC.
132 Amendment of s 344 (Definitions for part)
(1) Section 344—
insert—
code-managed ERA see the Environmental
Protection Act, schedule 4.
former mining claim or lease means a mining
claim or mining lease that was but is no longer in
force.
(2) Section 344, definition abandoned mine site, paragraph (c)—
omit, insert—
Clause 1
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Part 7 Amendment of Mineral Resources Act 1989
(c) for which no environmental authority is in
force for activities mentioned in paragraph
(a) that were carried out under a former
mining claim or lease; and
(d) that is not a place at which a code-managed
ERA is being carried out, under an ERA
code, for activities mentioned in paragraph
(a) that were carried out under a former
mining claim or lease.
(3) Section 344, definition final rehabilitation site, ‘mining claim
or mining lease that is no longer in force’—
omit, insert—
former mining claim or lease
(4) Section 344, definition final rehabilitation site, paragraph
(a)—
omit, insert—
(a) either of the following applies—
(i) an environmental authority or PRCP
schedule is in force for the mining
activities that were carried out under
the former mining claim or lease;
(ii) a code-managed ERA is being carried
out, under an ERA code, for the mining
activities that were carried out under
the former mining claim or lease; and
133 Amendment of s 344B (Meaning of rehabilitation activity)
(1) Section 344B—
insert—
(1A) Also, a rehabilitation activity for a final
rehabilitation site is an activity that the person
carrying out a code-managed ERA, under an ERA
code, for the mining activities that were carried
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