ch.2-pt.1
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Queensland regulation
This regulation sets detailed rules implementing the Environmental Protection Act: it prescribes how environmental impact statements and terms of reference are prepared and published, defines and scores environmentally relevant activities (ERAs), sets rules for waste tracking and transport, fixes measurement standards and reporting duties, and establishes fees, exemptions and devolved enforcement to local governments. Holders of environmental authorities, waste handlers (generators, transporters, receivers) and occupiers pay fees, keep records, and face penalties; chief executives, administering authorities and the Minister make key decisions and approvals.
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Direct links to the current provisions in Environmental Protection Regulation 2019.
A project is prescribed for section 37 (1) (f) of the Act if— the Commonwealth Minister has, under the Commonwealth Environment Act , chapter 4 , part 8 , division 3 — decided an accredited assessment process must be used for assessment of the relevant impacts of the project; and given notice of the decision; or the relevant impacts of the project are to be assessed under a bilateral agreement. s 4 amd 2020 Act No. 26 s 118 sch 1
This part and schedule 1 apply to a project mentioned in section 4 . 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. (sec.5-ssec.1) This part and schedule 1 apply to a project mentioned in section 4 . (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.
The draft terms of reference for an EIS must include the matters necessary for ensuring— the project’s relevant impacts are assessed under the EIS; and the assessment of the project under the EIS— 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 addresses the matters mentioned in schedule 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. 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. (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. (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.
For sections 51 (2) (b) (ii) and 558 (3) of the Act , a TOR notice and an EIS notice must be published— in a newspaper circulating throughout Australia; or in each State or Territory in a newspaper circulating generally in the State or Territory.
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. 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 . (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. (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 .
The chief executive must, as soon as practicable after preparing an EIS assessment report, give a copy of it to the Commonwealth Minister.
For section 45 of the Act , the period is the later of the following periods to end— 20 business days after the chief executive gives the proponent a copy of all comments received within the comment period; if the chief executive and the proponent have, within the 20 business days, agreed to a longer period—the longer period.
For section 46 (1) of the Act , the period is the later of the following periods to end— 20 business days after the proponent gives the documents mentioned in section 45 of the Act to the chief executive; if the chief executive and the proponent have, within the 20 business days, agreed to a longer period—the longer period.
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. 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. 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. 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 . s 15 (prev s 13) renum 2019 SL No. 234 s 5 (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. (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. (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. (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 .
A scheduled area is a local government area, or the part of a local government area, mentioned in schedule 4 . s 16 (prev s 14) renum 2019 SL No. 234 s 5
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. However, a mobile and temporary environmentally relevant activity is not a concurrence ERA. 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 . s 17 (prev s 15) renum 2019 SL No. 234 s 5 (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. (sec.17-ssec.2) However, a mobile and temporary environmentally relevant activity is not a concurrence ERA. (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 .
This section applies for a prescribed ERA or a resource activity being carried out under an environmental authority. 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. s 18 (prev s 16) renum 2019 SL No. 234 s 5 (sec.18-ssec.1) This section applies for a prescribed ERA or a resource activity being carried out under an environmental authority. (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.
For section 19 of the Act , each activity to which a section under schedule 2 applies is a prescribed ERA. 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. 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 . s 19 (prev s 17) renum 2019 SL No. 234 s 5 amd 2020 SL No. 225 s 3 (sec.19-ssec.1) For section 19 of the Act , each activity to which a section under schedule 2 applies is a prescribed ERA. (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. (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 .
For section 120 (4) of the Act , definition extractive activity , the extractive and screening activities mentioned in schedule 2 , section 16 are an extractive activity. s 20 (prev s 18) renum 2019 SL No. 234 s 5
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. 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 . 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. For the Planning Act , the local government must assess the development application against the matters stated in subsection (2) (a) to (c) . s 21 prev s 21 om 2019 SL No. 234 s 6 pres s 21 (prev s 19) renum 2019 SL No. 234 s 5 (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. (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 . (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. (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) .
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. 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. 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. s 22 prev s 22 om 2019 SL No. 234 s 6 pres s 22 (prev s 20) renum 2019 SL No. 234 s 5 (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. (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. (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.
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. The methodology is the methodology stated in the document called ‘Prescribed methodology for banana cultivation’ published on the department’s website. s 23 sub 2019 SL No. 234 s 6 amd 2022 SL No. 26 s 3 (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. (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.
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. 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. s 24 sub 2019 SL No. 234 s 6 amd 2022 SL No. 26 s 4 (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. (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.
This section prescribes, for section 86 (3) (f) of the Act , the details that must be included in a summary of tailored advice. 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. In this section— fertiliser product means a product that is, or contains, nitrogen or phosphorous. s 25 sub 2019 SL No. 234 s 6 (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. (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. (sec.25-ssec.3) In this section— fertiliser product means a product that is, or contains, nitrogen or phosphorous.
For 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— for each agricultural research facility mentioned in schedule 5 , the area with the land description shown opposite the facility’s name; a coastal management district under the Coastal Protection and Management Act 1995 ; coastal wetlands under the Coastal Protection and Management Act 1995 ; the designated landscape area called ‘the Stanbroke Pastoral Development Holding’ recorded on the register under the Aboriginal Cultural Heritage Act 2003 , section 162 ; a nature refuge under the Nature Conservation Act 1992 ; a reservation for public purposes under the Land Act 1994 , section 23 ; a resources reserve under the Nature Conservation Act 1992 ; a State forest under the Forestry Act 1959 ; a timber reserve under the Forestry Act 1959 .
For section 21A (1) of the Act , a prescribed condition for a small scale mining activity is a condition stated in schedule 6 .
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. 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. (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. (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.
For section 318D of the Act , an ERA standard stated in a document mentioned in schedule 7 is approved. s 29 ins 2022 SL No. 26 s 6
This section applies in relation to carrying out organic material processing— within 4km of the boundary of a residential zone; and using odorous feedstock. 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. 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. s 29A ins 2024 SL No. 126 s 3 (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. (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. (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.
This chapter prescribes the regulatory requirements with which the administering authority is required to comply for making environmental management decisions or PRCP schedule decisions. s 30 amd 2019 SL No. 198 s 4
In this chapter— activity includes that part, if any, of an activity relating to the following— preparing a place for the activity before carrying out the activity; rehabilitating a place after it has been used for carrying out the activity. characteristic — of a contaminant, material or waste, means any of the following— the physical and chemical properties and reactivity of the contaminant, material or waste; the biological, carcinogenic, mutagenic or toxic properties of the contaminant, material or waste; the variation of the concentration, emission rate or flux over time, of the contaminant, material or waste; or of the receiving environment, means any of the following— the physical, chemical, ecological or biological properties of the receiving environment; the variability of the receiving environment. whether a watercourse is tidal or is subject to periodic flooding or drought control measure means a device, equipment, structure, or management strategy used to prevent or control the release of a contaminant or waste to the environment. an acoustic enclosure a bund around a storage pond a fabric filter to collect dust a release or overflow valve on machinery a strategy for operating a furnace in a way that achieves combustion of a contaminant at a particular oxygen level environmental management decision see section 32 . material means a material in its solid, liquid or gaseous state. monitoring see section 33 . PRCP schedule decision see section 32A . s 31 def PRCP schedule decision ins 2019 SL No. 198 s 5 surface water means water other than groundwater. water includes water containing contaminants.
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. 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 . s 32 amd 2019 SL No. 198 s 6 (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. (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 .
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. However, a PRCP schedule decision does not include a decision about an amendment application for a minor amendment ( PRCP threshold ). s 32A ins 2019 SL No. 198 s 7 (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. (sec.32A-ssec.2) However, a PRCP schedule decision does not include a decision about an amendment application for a minor amendment ( PRCP threshold ).
Monitoring , 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— the quantity, quality, characteristics, timing and variability of the release of any contaminant; the effectiveness of any control measure; the characteristics of, and impact on, the receiving environment; the effectiveness of remedial or rehabilitation measures.
This part applies to the administering authority for making any environmental management decision.
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. 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. 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) . 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. s 35 amd 2019 SL No. 234 s 7 ; 2020 Act No. 26 s 118 sch 1 (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. (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. (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) . (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.
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. 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. (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. (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.
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. 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. 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. (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. (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. (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.
For schedule 4 of the Act , definition standard criteria , paragraph (l) , an environmental objective assessment relating to an environmental management decision is prescribed.
If 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 .
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. 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. 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. (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. (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. (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.
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 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. In this section— confined aquifer means an aquifer that is contained entirely within impermeable strata. (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 (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. (sec.41-ssec.3) In this section— confined aquifer means an aquifer that is contained entirely within impermeable strata.
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. 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 . 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. 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. For subsection (4) , the presence of fine sediment must be detected by measuring total suspended solids. 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. 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) . 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. 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. s 41AA ins 2019 SL No. 234 s 8 amd 2020 Act No. 26 s 118 sch 1 ; 2021 SL No. 42 s 4 (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. (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 . (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. (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. (sec.41AA-ssec.5) For subsection (4) , the presence of fine sediment must be detected by measuring total suspended solids. (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. (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) . (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. (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.
This section applies to the administering authority for making an environmental management decision relating to a transhipping activity. 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. 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. 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) . s 41AB ins 2020 SL No. 225 s 4 (sec.41AB-ssec.1) This section applies to the administering authority for making an environmental management decision relating to a transhipping activity. (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. (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. (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) .
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. 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) . s 41AC ins 2024 SL No. 126 s 4 (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. (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) .
This part applies to the administering authority for making a PRCP schedule decision. s 41A ins 2019 SL No. 198 s 8
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. The administering authority may approve or amend a PRCP schedule only if each PRCP objective for the PRCP schedule is achieved under schedule 8A . s 41B ins 2019 SL No. 198 s 8 (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. (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 .
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. The administering authority must consider the results of flood plain modelling carried out in relation to the land the subject of the PRCP schedule. 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. 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. 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. s 41C ins 2019 SL No. 198 s 8 (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. (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. (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. (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. (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.
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. 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. However, waste is not regulated waste if the waste is of a type mentioned in schedule 9 , part 3 , division 1 . 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. s 42 amd 2025 SL No. 42 s 6 (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. (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. (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 . (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.
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. 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. Category 1 regulated waste includes anything that contains residues of the waste, including, for example, a container contaminated with the waste. Category 2 regulated waste is regulated waste other than category 1 regulated waste. s 43 amd 2025 SL No. 42 s 7 (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. (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. (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. (sec.43-ssec.4) Category 2 regulated waste is regulated waste other than category 1 regulated waste.
This division states requirements for sampling and testing commercial waste or industrial waste for working out whether the waste is— general waste; or category 1 regulated waste; or category 2 regulated waste.
A sample for the testing of commercial waste or industrial waste must be taken— by an appropriately qualified person; and under a protocol.
A sample of commercial waste or industrial waste must be tested— by an appropriately qualified person; and under a protocol; and for each relevant attribute; and for each relevant substance.
An authorised person may ask a person who generates waste to retest the waste under this division if the authorised person reasonably suspects— if the waste is general waste—the waste would, if retested under this division, become regulated waste; or if the waste is category 2 regulated waste—the waste would, if retested under this division, become category 1 regulated waste.
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. 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. In this section— report , for a test, means a report, written by the person who conducted the test, stating the results of the test. (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. (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. (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.
A person must not wilfully— tamper with a sample of waste taken under section 45 ; or interfere with the testing of a sample of waste under section 46 ; or otherwise jeopardise the accuracy of test results for waste. Maximum penalty—100 penalty units.
In this division— generator , of tested waste, means the person who generates the waste. prescribed information , for a load of tested waste transported to a receiver, means information about— whether the load is general waste or regulated waste; and if the load is regulated waste—whether the load is category 1 regulated waste or category 2 regulated waste; and the current test results for the waste. receiver , of tested waste, means a person to whom the waste is transported. tested waste means waste that has current test results.
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. 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. 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. 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 . 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. (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. (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. (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. (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 . (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.
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. The generator must, before or when the load is given to a receiver, give the prescribed information for the load to the receiver. The generator must keep the record mentioned in subsection (1) for at least 5 years. Maximum penalty—20 penalty units. (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. (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. (sec.52-ssec.3) The generator must keep the record mentioned in subsection (1) for at least 5 years. Maximum penalty—20 penalty units.
This section applies if a receiver in the State is given a load of tested waste. 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. 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. The receiver must keep the record mentioned in subsection (2) for at least 5 years. Maximum penalty—20 penalty units. (sec.53-ssec.1) This section applies if a receiver in the State is given a load of tested waste. (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. (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. (sec.53-ssec.4) The receiver must keep the record mentioned in subsection (2) for at least 5 years. Maximum penalty—20 penalty units.
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 . 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. 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. In this section— event means an event mentioned in section 320A (1) of the Act . (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 . (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. (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. (sec.54-ssec.4) In this section— event means an event mentioned in section 320A (1) of the Act .
Regulated waste is prescribed waste for schedule 3 , item 37 of the Act .
For section 440K of the Act , definition background level , the prescribed standard is AS 1055. 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. (sec.56-ssec.1) For section 440K of the Act , definition background level , the prescribed standard is AS 1055. (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.
This 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. For the offence about causing environmental nuisance, see section 440 of the Act . For the offence about contravening a noise standard, see section 440Q of the Act .
In this division— source noise means a noise from a person, place or thing that— 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 allows for adjustments under AS 1055 for tonal character and impulsiveness of sound; and is quoted to the nearest whole number of decibels.
Background level may be measured by applying the relevant procedure under— AS 1055; or the noise measurement manual.
Source noise may be measured by applying the relevant procedure under— AS 1055; or the noise measurement manual.
Source noise for a noise standard under section 440T , 440U or 440V of the Act may be measured as L A90, T . Source noise for a noise standard under section 440W , 440X or 440Y of the Act may be measured as L Aeq,T . 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. (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 . (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 . (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.
If 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. 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. 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.
Each instrument, equipment or installation identified in AS IEC 61672 is prescribed for section 490 (8) of the Act .
A copy of each of the following is admissible in evidence in a proceeding under the Act — AS 1055; the noise measurement manual.
For 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 .
For 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— AS/NZS 4012 (Domestic solid fuel burning appliances–Method for determination of power output and efficiency); AS/NZS 4013 (Domestic solid fuel burning appliances–Method for determination of flue gas emission). 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.
This part states the records that a person must keep under section 440ZY (2) of the Act .
This section applies if the person manufactures the fuel. 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. Subsection (2) (g) does not apply to fuel for which it is not possible for the person to keep separate reconciliation records. (sec.68-ssec.1) This section applies if the person manufactures the fuel. (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. (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.
This section applies if the person imports the fuel. 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. Subsection (2) (g) does not apply to fuel for which it is not possible for the person to keep separate reconciliation records. (sec.69-ssec.1) This section applies if the person imports the fuel. (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. (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.
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. 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. 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. (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. (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. (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.
This part applies to the transportation of regulated waste of a type stated in schedule 11 ( trackable waste ). 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. In this section— accredited laboratory means a laboratory accredited by the National Association of Testing Authorities. (sec.71-ssec.1) This part applies to the transportation of regulated waste of a type stated in schedule 11 ( trackable waste ). (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. (sec.71-ssec.3) In this section— accredited laboratory means a laboratory accredited by the National Association of Testing Authorities.
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. 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. (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. (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.
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. 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. s 73 amd 2020 SL No. 110 s 7 ; 2021 SL No. 90 s 6 ; 2022 SL No. 17 s 7 (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. (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.
The 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.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
A project is prescribed for section 37 (1) (f) of the Act if— the Commonwealth Minister has, under the Commonwealth Environment Act , chapter 4 , part 8 , division 3 — decided an accredited assessment process must be used for assessment of the relevant impacts of the project; and given notice of the decision; or the relevant impacts of the project are to be assessed under a bilateral agreement. s 4 amd 2020 Act No. 26 s 118 sch 1
This part and schedule 1 apply to a project mentioned in section 4 . 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. (sec.5-ssec.1) This part and schedule 1 apply to a project mentioned in section 4 . (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.
The draft terms of reference for an EIS must include the matters necessary for ensuring— the project’s relevant impacts are assessed under the EIS; and the assessment of the project under the EIS— 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 addresses the matters mentioned in schedule 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. 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. (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. (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.
For sections 51 (2) (b) (ii) and 558 (3) of the Act , a TOR notice and an EIS notice must be published— in a newspaper circulating throughout Australia; or in each State or Territory in a newspaper circulating generally in the State or Territory.
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. 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 . (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. (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 .
The chief executive must, as soon as practicable after preparing an EIS assessment report, give a copy of it to the Commonwealth Minister.
For section 45 of the Act , the period is the later of the following periods to end— 20 business days after the chief executive gives the proponent a copy of all comments received within the comment period; if the chief executive and the proponent have, within the 20 business days, agreed to a longer period—the longer period.
For section 46 (1) of the Act , the period is the later of the following periods to end— 20 business days after the proponent gives the documents mentioned in section 45 of the Act to the chief executive; if the chief executive and the proponent have, within the 20 business days, agreed to a longer period—the longer period.
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. 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. 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. 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 . s 15 (prev s 13) renum 2019 SL No. 234 s 5 (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. (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. (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. (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 .
A scheduled area is a local government area, or the part of a local government area, mentioned in schedule 4 . s 16 (prev s 14) renum 2019 SL No. 234 s 5
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. However, a mobile and temporary environmentally relevant activity is not a concurrence ERA. 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 . s 17 (prev s 15) renum 2019 SL No. 234 s 5 (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. (sec.17-ssec.2) However, a mobile and temporary environmentally relevant activity is not a concurrence ERA. (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 .
This is an opening excerpt, not the complete document.