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insert—
(4) Also, for subsection (1), a resource activity may
be carried out lawfully on land if—
(a) the activity may be carried out lawfully on
the land—
(i) under a resource authority and an ERA
code under the Environmental
Protection Act; and
(ii) without the need for any further
authority or approval relating to the
location, nature or extent of the
expected surface impacts of the activity
to be obtained under an Act or a
condition of the resource authority or
ERA code; and
(b) information provided in, with or in support
of the application for the resource authority
(or an amendment of the application)
identified the location, nature and extent of
the expected surface impacts of the activity.
Part 13 Amendment of State Penalties
Enforcement Regulation 2014
175 Regulation amended
This part amends the State Penalties Enforcement Regulation
2014.
176 Amendment of sch 1 (Infringement notice offences and
fines for nominated laws)
(1) Schedule 1, entry for Environmental Protection Act 1994,
entry for section 285(2), ‘285(2)’—
omit, insert—
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Part 14 Amendment of Waste Reduction and Recycling Act 2011
285(6)
(2) Schedule 1, entry for Environmental Protection Act 1994—
insert—
Part 14 Amendment of Waste
Reduction and Recycling Act
2011
177 Act amended
This part amends the Waste Reduction and Recycling Act
2011.
Note—
See also the amendments in schedule 1, part 2.
178 Amendment of s 224 (Return of seized thing)
(1) Section 224(2) and (3)—
omit, insert—
(2) As soon as the chief executive stops being
satisfied there are reasonable grounds for
retaining the thing, the chief executive must
return the thing to its owner.
(3) If the thing is not returned to its owner within 3
months after it was seized, the owner may apply
to the chief executive for its return.
(3A) Within 30 days after receiving the application, the
chief executive must—
(a) if the chief executive is satisfied there are
reasonable grounds for retaining the thing
s 463A(1) 5 25
s 463A(2) 5 25
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and decides to retain the thing—give the
owner an information notice for the
decision, including the grounds for retaining
the thing; or
(b) otherwise—return the thing to the owner.
(3B) For this section, there are reasonable grounds for
retaining a seized thing if—
(a) the thing is being, or is likely to be,
examined; or
(b) the thing is needed, or may be needed, for
the purposes of—
(i) a proceeding for an offence against this
Act that is likely to be started or that
has been started but not completed; or
(ii) an appeal from a decision in a
proceeding for an offence against this
Act; or
(c) it is not lawful for the owner to possess the
thing; or
(d) the chief executive believes it is necessary
to continue to keep the thing to prevent its
use in committing an offence.
(3C) Subsection (5) does not limit the grounds that may
be reasonable grounds for retaining the seized
thing.
(2) Section 224(3A) to (4)—
renumber as section 224(4) to (7).
(3) Section 224—
insert—
(8) In this section—
examine includes analyse, test, account for,
measure, weigh, grade, gauge and identify.
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179 Amendment of s 267 (Summary proceedings for
offences)
Section 267(2)—
omit, insert—
(2) A proceeding for an offence against this Act,
other than an offence against section 54, must
start within 2 years after the commission of the
offence.
(3) A proceeding for an offence against section 54
must start within 6 years after the commission of
the offence.
180 Insertion of new ch 16, pt 6
Chapter 16—
insert—
Part 6 Transitional provisions
for Environmental
Protection (Efficiency
and Streamlining) and
Other Legislation
Amendment Act 2025
335 Definitions for part
In this part—
amendment Act means the Environmental
Protection (Efficiency and Streamlining) and
Other Legislation Amendment Act 2025.
former, in relation to a provision of this Act,
means the provision as in force from time to time
before the commencement.
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336 Continuation of former s 224 in relation to
things seized before commencement
(1) This section applies in relation to a thing seized by
an authorised person under former chapter 10,
part 4, division 3 before the commencement.
(2) Former section 224 continues to apply in relation
to the thing as if the amendment Act had not been
enacted.
337 Limitation period for starting proceedings
(1) This section applies in relation to a proceeding for
an offence against this Act that was committed
before the commencement.
(2) Former section 267(2) continues to apply in
relation to starting the proceeding as if the
amendment Act had not been enacted.
Part 15 Amendment of Water Act 2000
181 Act amended
This part amends the Water Act 2000.
Note—
See also the amendments in schedule 1.
182 Amendment of s 97 (Environmental authorities)
Section 97—
insert—
(4) Subsection (5) applies if—
(a) a person is authorised to take or interfere
with water under subsection (1) or (2) in
relation to an environmental authority that
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approved an environmentally relevant
activity; and
(b) an ERA code applying to the
environmentally relevant activity takes
effect under the Environmental Protection
Act 1994; and
(c) the person starts to carry out the
environmentally relevant activity under the
ERA code.
(5) The authorisation to take or interfere with water
under subsection (1) or (2) in relation to the
environmental authority to the extent it approved
the environmentally relevant activity continues to
apply in relation to the person carrying out the
activity under the ERA code.
183 Amendment of s 102 (Authorisations under water plans
or regulation)
(1) Section 102(1)(b), after ‘take’—
insert—
or interfere with
(2) Section 102(2)(b), ‘up to a volume stated in the plan’—
omit, insert—
as mentioned in subsection (1)
(3) Section 102(3), after paragraph (a)—
insert—
(aa) take or interfere with water if doing so is
necessary to carry out an activity prescribed
by regulation;
(4) Section 102(3)(aa) and (b)—
renumber as section 102(3)(b) and (c).
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Part 15 Amendment of Water Act 2000
184 Amendment of s 370 (Obligation to give underground
water impact report)
Section 370(2)(c)—
omit, insert—
(c) be given on or before—
(i) the fifth anniversary of the day the
chief executive approved the most
recent underground water impact
report for the cumulative management
area or resource tenure; or
(ii) if the chief executive agrees to a later
day—the later day; and
185 Amendment of s 370B (When obligation to give further
underground water impact report does not apply)
Section 370B(5)—
omit, insert—
(5) Section 370 applies to the responsible entity as if
section 370(2)(c)(i) referred to the fifth
anniversary of the day the chief executive
approved the underground water impact report as
amended.
186 Amendment of s 376 (Content of underground water
impact report)
(1) Section 376(1)(a)(ii), ‘3-year’—
omit, insert—
5-year
(2) Section 376(1)(b)(iv), ‘3 years’—
omit, insert—
5 years
(3) Section 376(1)—
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Part 15 Amendment of Water Act 2000
insert—
(ga) if the report relates to a cumulative
management area—a baseline assessment
strategy;
187 Amendment of s 378 (Content of water monitoring
strategy)
Section 378(3), from ‘report,’ to ‘holders’—
omit, insert—
report other than for a cumulative management
area, the strategy must also include a program for
the responsible tenure holder
188 Insertion of new ss 379A and 379B
After section 379—
insert—
379A Content of baseline assessment strategy
(1) A baseline assessment strategy must, for each
area of a CMA tenure in which there is a water
bore—
(a) state whether a baseline assessment has
been undertaken for any bores in the area
before the day the strategy is given to the
chief executive and, if so, identify the bores;
and
(b) identify each area of the tenure in which a
water bore, other than a bore mentioned in
paragraph (a), is or may be located (each a
priority area); and
(c) include a timetable (a baseline assessment
timetable) for responsible tenure holders
under the report to undertake a baseline
assessment of each water bore mentioned in
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Part 15 Amendment of Water Act 2000
paragraph (b) for which an assessment has
not already been completed; and
(d) state the rationale for each date stated in the
baseline assessment timetable.
(2) For subsection (1)(c), the baseline assessment
timetable must include a stated date by which all
baseline assessments in each priority area will be
undertaken in accordance with section 379B.
(3) Also, the baseline assessment strategy must—
(a) state whether a baseline assessment has
been undertaken for any long-term affected
area bores in the cumulative management
area before the day the strategy is given to
the chief executive and, if so, identify the
bores; and
(b) include a program for the responsible tenure
holders under the report to undertake a
baseline assessment for each long-term
affected area bore in the cumulative
management area, other than a bore
mentioned in paragraph (a), including a
stated date by which each baseline
assessment will be undertaken.
(4) Despite subsections (1)(b) and (3)(a), the baseline
assessment strategy may exclude an area if the
office is satisfied that any relevant aquifer in the
area is not affected, or likely to be affected, by the
exercise of the CMA tenure holders’ underground
water rights.
(5) In this section—
long-term affected area bore means a water bore
that is—
(a) outside the area of a resource tenure; but
(b) within the area shown on the map prepared
under section 376(1)(b)(v).
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Part 15 Amendment of Water Act 2000
379B Requirements for baseline assessment
timetable for baseline assessment strategy
(1) If a CMA tenure is a petroleum tenure, the
baseline assessment timetable must provide for a
baseline assessment to be undertaken for each
water bore located in a priority area for the tenure
by the following time—
(a) before production testing starts, if—
(i) the bore in the priority area is located
within 2km of the production testing;
and
(ii) during the production testing, water
will be taken from the aquifer
supplying the water bore;
(b) if paragraph (a) does not apply and
production testing in the priority area has
been undertaken for a period of 30 days,
whether continuous or not—the day after
the 30-day period ends;
(c) otherwise—before production of petroleum
starts in the priority area.
(2) However, subsection (1)(a) does not apply if the
petroleum tenure holder—
(a) obtains the written agreement of the owner
of the water bore to a baseline assessment
being undertaken on a later day; and
(b) gives the office a copy of the written
agreement.
(3) If the CMA tenure is a mining tenure, the baseline
assessment timetable must provide for a baseline
assessment to be undertaken for each water bore
in a priority area before the exercise of
underground water rights in the priority area.
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Part 15 Amendment of Water Act 2000
189 Amendment of s 386 (Publishing approval and making
report available)
Section 386(1)(a)(ii), ‘the area’—
omit, insert—
an immediately affected area or a long-term
affected area
190 Insertion of new s 390A
After section 390—
insert—
390A Notifying office of particular matters related
to approved report for cumulative
management area
(1) Subsection (2) applies to the holder of a CMA
tenure if—
(a) the holder becomes aware of a material
change to—
(i) for the holder of a CMA tenure that is a
mining tenure—the holder’s program
for carrying out activities for the
tenure; or
(ii) for the holder of a CMA tenure that is a
petroleum tenure—the holder’s
program for production testing or
production of petroleum under the
tenure; and
(b) the material change may result in the
baseline assessment timetable included in
the baseline assessment strategy for the
cumulative management area for the tenure
not being implemented in accordance with
section 379B.
(2) The holder must, within 20 business days after
becoming aware of the material change, give the
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Part 15 Amendment of Water Act 2000
office notice of the material change.
Maximum penalty—50 penalty units.
(3) Subsection (4) applies to the holder of a CMA
tenure if—
(a) an area is excluded from the baseline
assessment strategy for the cumulative
management area for the tenure under
section 379A(4); and
(b) the holder becomes aware a relevant aquifer
in the excluded area is being, or is likely to
be, affected by the exercise of the holder’s
underground water rights by more than the
bore trigger threshold for the aquifer.
(4) The holder must, within 20 business days after
becoming aware of the matter mentioned in
subsection (3), give the office notice of the matter.
Maximum penalty—50 penalty units.
(5) In this section—
baseline assessment strategy, for a cumulative
management area, means the baseline assessment
strategy contained in an approved underground
water impact report for the area.
191 Amendment of s 391 (Minor or agreed amendments of
approved report)
(1) Section 391(1)(a)—
omit, insert—
(a) the amendment—
(i) is only to—
(A) correct a minor error; or
(B) update a resource tenure holder’s
details; or
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Part 15 Amendment of Water Act 2000
(C) make another change that is not a
change of substance; and
(ii) will not adversely affect a resource
tenure holder or a bore owner of a
water bore within an immediately
affected area or a long-term affected
area; or
(2) Section 391(3)—
omit, insert—
(3) The chief executive must give notice of the
amendment to the responsible entity for the
report.
(3) Section 391—
insert—
(6) Also, if the report relates to a cumulative
management area, the office must give a notice of
the amendment to each holder of a CMA tenure
within the area affected by the amendment, other
than the holder of a closing CMA tenure.
192 Amendment of s 392 (Direction to propose amendment
and consult on proposal)
Section 392(1)—
omit, insert—
(1) This section applies if—
(a) the chief executive reasonably believes—
(i) there has been a material change in the
information or a prediction contained
in an approved underground water
impact report or final report; or
(ii) the information or a prediction
contained in an approved underground
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