Queensland regulation

Environmental Protection (Water and Wetland Biodiversity) Policy 2019

In ForceQLD

Jurisdiction

Queensland

Act Number

156 of 2019

Collection

regulation

Plain English Summary

6/10 complexity

This policy sets environmental values, management goals and measurable water quality objectives for Queensland waters and wetlands, and creates rules for decision‑making about discharges, monitoring and planning. The chief executive decides or recognises site‑specific guidance, may develop healthy waters management plans, amend the wetland map, and must consult and consider economic and social impacts (see ss.8,12–13,16,19). Those releasing wastewater must follow a management hierarchy: avoid/reduce, prevent, treat/recycle, then consider release or offsets (ss.14–15).

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What it does

This policy, the Environmental Protection (Water and Wetland Biodiversity) Policy 2019, establishes environmental values, management goals and water quality objectives for waters and wetlands in the jurisdiction, and sets out how those values and objectives are to be identified, protected and managed. It commenced on 1 September 2019 (s 2) and replaces the prior Environmental Protection (Water) Policy 2009 (s 21). The policy operates by identifying environmental values for waters and wetlands (Pt 3), prescribing indicators and sources of water quality guidelines to protect those values (s 8), declaring water quality objectives to be achieved or maintained (s 11 and schedule 1), and requiring application of a management hierarchy for activities that may discharge wastewater or contaminants to waters (s 14). It also creates a framework for the chief executive to prepare healthy waters management plans (s 16), to undertake ambient monitoring and reporting (s 18), and to amend a Map of Queensland wetland environmental values subject to defined criteria (s 19).

Mechanically, the policy does not itself create criminal offences or specify administrative penalties within its text; rather, it sets policy requirements and decision-making criteria that are used in environmental management decisions under the Environmental Protection Act framework and related regulation (see cross-references within the policy, e.g. s 5 reference to the object of the Act, s 14 reference to the Environmental Protection Regulation 2019, s 22 reference to the Environmental Protection Regulation 2019). The policy prescribes that environmental values for waters in schedule 1 are those stated in the documents opposite each water (s 6(1)); for other waters, the policy sets out categories and definitions of environmental values (s 6(2)-(3)). For particular waters, indicators and guidelines are to be decided using a hierarchy of documents that includes site‑specific documents recognised by the chief executive and national and state guidelines (s 8). The policy further specifies that water quality objectives for waters in schedule 1 are the objectives stated in the documents opposite those waters, subject to limited qualifications (s 11). In sum, this instrument provides the policy architecture,definitions, objectives, procedures and monitoring requirements,that will inform regulatory decisions and planning about water and wetland biodiversity.

Current sections

Direct links to the current provisions in Environmental Protection (Water and Wetland Biodiversity) Policy 2019.

pt.1

Preliminary

sec.1

Short title

sec.1 Short title

This policy may be cited as the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 .

sec.2

Commencement

sec.2 Commencement

This regulation commences on 1 September 2019.

sec.3

Definitions

sec.3 Definitions

The dictionary in schedule 2 defines particular words used in this policy.

pt.2

Application and purpose of policy

sec.4

Application of policy

sec.4 Application of policy

This policy applies to waters and wetlands.

sec.5

Purpose

sec.5 Purpose

The purpose of this policy is to achieve the object of the Act in relation to waters and wetlands. See section 3 of the Act . The purpose is achieved by— identifying environmental values for waters and wetlands to be enhanced or protected; and identifying management goals for waters; and stating water quality guidelines and water quality objectives for enhancing or protecting the environmental values for waters; and providing a framework for making consistent, equitable and informed decisions about waters; and monitoring and reporting on the condition of waters. s 5 amd 2022 SL No. 125 s 3 (sec.5-ssec.1) The purpose of this policy is to achieve the object of the Act in relation to waters and wetlands. See section 3 of the Act . (sec.5-ssec.2) The purpose is achieved by— identifying environmental values for waters and wetlands to be enhanced or protected; and identifying management goals for waters; and stating water quality guidelines and water quality objectives for enhancing or protecting the environmental values for waters; and providing a framework for making consistent, equitable and informed decisions about waters; and monitoring and reporting on the condition of waters.

(a) identifying environmental values for waters and wetlands to be enhanced or protected; and
(b) identifying management goals for waters; and
(c) stating water quality guidelines and water quality objectives for enhancing or protecting the environmental values for waters; and
(d) providing a framework for making consistent, equitable and informed decisions about waters; and
(e) monitoring and reporting on the condition of waters.

pt.3

Basic concepts

sec.6

Environmental values for waters

sec.6 Environmental values for waters

The environmental values for waters to be enhanced or protected under this policy are— for water mentioned in schedule 1 , column 1—the environmental values stated in the document opposite the water in schedule 1 , column 2; or for other water—the environmental values stated in subsection (2) . For subsection (1) (b) , the environmental values are— for high ecological value waters—the biological integrity of an aquatic ecosystem that is effectively unmodified or highly valued; or an aquatic ecosystem used for drinking water for slightly disturbed waters—the biological integrity of an aquatic ecosystem that has effectively unmodified biological indicators, but slightly modified physical, chemical or other indicators; or for moderately disturbed waters—the biological integrity of an aquatic ecosystem that is adversely affected by human activity to a relatively small but measurable degree; or for highly disturbed waters—the biological integrity of an aquatic ecosystem that is measurably degraded and of lower ecological value than waters mentioned in paragraphs (a) to (c) ; or for waters that may be used to produce, or from which may be taken, aquatic foods for human consumption—the suitability of the water for— producing aquatic foods that are safe and suitable for human consumption; and having aquatic foods that are safe and suitable for human consumption taken from the water; or for waters that may be used for aquaculture—the suitability of the water for aquacultural use; or for waters that may be used for agricultural purposes—the suitability of the water for agricultural purposes; or for waters that may be used for recreation or aesthetic purposes—the suitability of the water for— primary recreational use; or secondary recreational use; or visual recreational use; or for waters that may be used for drinking water—the suitability of the water for supply as drinking water having regard to the level of treatment of the water; or for waters that may be used for industrial purposes—the suitability of the water for industrial use; or the cultural and spiritual values of the water. In this section— aquatic foods includes the following in an aquatic ecosystem— fish, shellfish and other animals; plants. cultural and spiritual values , of water, means its scientific, social or other significance to the present generation or past or future generations, including Aboriginal people or Torres Strait Islanders. primary recreational use , of water, means a use that involves the following types of contact with the water— full body contact; frequent immersion by the face and trunk; frequent contact with spray by the face where it is likely some water will be swallowed or inhaled, or come into contact with ears, nasal passages, mucous membranes or cuts in the skin. diving, swimming, surfing secondary recreational use , of water, means a use that involves the following types of contact with the water— contact in which only the limbs are regularly wet, and other contact, including the swallowing of water, is unusual; boating, fishing, wading occasional inadvertent immersion resulting from slipping or being swept into the water by a wave. visual recreational use , of water, means a use that does not ordinarily involve any contact with the water. angling from the shore, sunbathing near water s 6 amd 2022 SL No. 125 s 4 (sec.6-ssec.1) The environmental values for waters to be enhanced or protected under this policy are— for water mentioned in schedule 1 , column 1—the environmental values stated in the document opposite the water in schedule 1 , column 2; or for other water—the environmental values stated in subsection (2) . (sec.6-ssec.2) For subsection (1) (b) , the environmental values are— for high ecological value waters—the biological integrity of an aquatic ecosystem that is effectively unmodified or highly valued; or an aquatic ecosystem used for drinking water for slightly disturbed waters—the biological integrity of an aquatic ecosystem that has effectively unmodified biological indicators, but slightly modified physical, chemical or other indicators; or for moderately disturbed waters—the biological integrity of an aquatic ecosystem that is adversely affected by human activity to a relatively small but measurable degree; or for highly disturbed waters—the biological integrity of an aquatic ecosystem that is measurably degraded and of lower ecological value than waters mentioned in paragraphs (a) to (c) ; or for waters that may be used to produce, or from which may be taken, aquatic foods for human consumption—the suitability of the water for— producing aquatic foods that are safe and suitable for human consumption; and having aquatic foods that are safe and suitable for human consumption taken from the water; or for waters that may be used for aquaculture—the suitability of the water for aquacultural use; or for waters that may be used for agricultural purposes—the suitability of the water for agricultural purposes; or for waters that may be used for recreation or aesthetic purposes—the suitability of the water for— primary recreational use; or secondary recreational use; or visual recreational use; or for waters that may be used for drinking water—the suitability of the water for supply as drinking water having regard to the level of treatment of the water; or for waters that may be used for industrial purposes—the suitability of the water for industrial use; or the cultural and spiritual values of the water. (sec.6-ssec.3) In this section— aquatic foods includes the following in an aquatic ecosystem— fish, shellfish and other animals; plants. cultural and spiritual values , of water, means its scientific, social or other significance to the present generation or past or future generations, including Aboriginal people or Torres Strait Islanders. primary recreational use , of water, means a use that involves the following types of contact with the water— full body contact; frequent immersion by the face and trunk; frequent contact with spray by the face where it is likely some water will be swallowed or inhaled, or come into contact with ears, nasal passages, mucous membranes or cuts in the skin. diving, swimming, surfing secondary recreational use , of water, means a use that involves the following types of contact with the water— contact in which only the limbs are regularly wet, and other contact, including the swallowing of water, is unusual; boating, fishing, wading occasional inadvertent immersion resulting from slipping or being swept into the water by a wave. visual recreational use , of water, means a use that does not ordinarily involve any contact with the water. angling from the shore, sunbathing near water

(a) for water mentioned in schedule 1 , column 1—the environmental values stated in the document opposite the water in schedule 1 , column 2; or
(b) for other water—the environmental values stated in subsection (2) .
(a) for high ecological value waters—the biological integrity of an aquatic ecosystem that is effectively unmodified or highly valued; or Example of a highly valued aquatic ecosystem— an aquatic ecosystem used for drinking water
(b) for slightly disturbed waters—the biological integrity of an aquatic ecosystem that has effectively unmodified biological indicators, but slightly modified physical, chemical or other indicators; or
(c) for moderately disturbed waters—the biological integrity of an aquatic ecosystem that is adversely affected by human activity to a relatively small but measurable degree; or
(d) for highly disturbed waters—the biological integrity of an aquatic ecosystem that is measurably degraded and of lower ecological value than waters mentioned in paragraphs (a) to (c) ; or
(e) for waters that may be used to produce, or from which may be taken, aquatic foods for human consumption—the suitability of the water for— (i) producing aquatic foods that are safe and suitable for human consumption; and (ii) having aquatic foods that are safe and suitable for human consumption taken from the water; or
(i) producing aquatic foods that are safe and suitable for human consumption; and
(ii) having aquatic foods that are safe and suitable for human consumption taken from the water; or
(f) for waters that may be used for aquaculture—the suitability of the water for aquacultural use; or
(g) for waters that may be used for agricultural purposes—the suitability of the water for agricultural purposes; or
(h) for waters that may be used for recreation or aesthetic purposes—the suitability of the water for— (i) primary recreational use; or (ii) secondary recreational use; or (iii) visual recreational use; or
(i) primary recreational use; or
(ii) secondary recreational use; or
(iii) visual recreational use; or
(i) for waters that may be used for drinking water—the suitability of the water for supply as drinking water having regard to the level of treatment of the water; or
(j) for waters that may be used for industrial purposes—the suitability of the water for industrial use; or
(k) the cultural and spiritual values of the water.
(i) producing aquatic foods that are safe and suitable for human consumption; and
(ii) having aquatic foods that are safe and suitable for human consumption taken from the water; or
(i) primary recreational use; or
(ii) secondary recreational use; or
(iii) visual recreational use; or
(a) fish, shellfish and other animals;
(b) plants.
(a) full body contact;
(b) frequent immersion by the face and trunk;
(c) frequent contact with spray by the face where it is likely some water will be swallowed or inhaled, or come into contact with ears, nasal passages, mucous membranes or cuts in the skin.
(a) contact in which only the limbs are regularly wet, and other contact, including the swallowing of water, is unusual; Examples— boating, fishing, wading
(b) occasional inadvertent immersion resulting from slipping or being swept into the water by a wave.

sec.7

Environmental values for wetlands

sec.7 Environmental values for wetlands

The environmental values for wetlands to be enhanced or protected under this policy are the qualities of a wetland that support and maintain the biodiversity of the wetland, including the following— the health of the wetland’s ecosystems; the wetland’s natural state and biological integrity; the presence of distinct or unique features, endemic plants or animals and their habitats, including threatened wildlife and near threatened wildlife under the Nature Conservation Act 1992 ; the wetland’s natural hydrological cycle; the natural interaction of the wetland with other ecosystems, including other wetlands. In this section— biodiversity means natural diversity of living organisms, together with the environmental conditions and processes necessary for their survival, and includes each of the following— ecosystem diversity, that is, the diversity of the different types of communities formed by living organisms and the relations between them; species diversity, that is, the diversity of species; genetic diversity, that is, the diversity of genes within each species. (sec.7-ssec.1) The environmental values for wetlands to be enhanced or protected under this policy are the qualities of a wetland that support and maintain the biodiversity of the wetland, including the following— the health of the wetland’s ecosystems; the wetland’s natural state and biological integrity; the presence of distinct or unique features, endemic plants or animals and their habitats, including threatened wildlife and near threatened wildlife under the Nature Conservation Act 1992 ; the wetland’s natural hydrological cycle; the natural interaction of the wetland with other ecosystems, including other wetlands. (sec.7-ssec.2) In this section— biodiversity means natural diversity of living organisms, together with the environmental conditions and processes necessary for their survival, and includes each of the following— ecosystem diversity, that is, the diversity of the different types of communities formed by living organisms and the relations between them; species diversity, that is, the diversity of species; genetic diversity, that is, the diversity of genes within each species.

(a) the health of the wetland’s ecosystems;
(b) the wetland’s natural state and biological integrity;
(c) the presence of distinct or unique features, endemic plants or animals and their habitats, including threatened wildlife and near threatened wildlife under the Nature Conservation Act 1992 ;
(d) the wetland’s natural hydrological cycle;
(e) the natural interaction of the wetland with other ecosystems, including other wetlands.
(a) ecosystem diversity, that is, the diversity of the different types of communities formed by living organisms and the relations between them;
(b) species diversity, that is, the diversity of species;
(c) genetic diversity, that is, the diversity of genes within each species.

sec.8

Indicators and water quality guidelines for environmental values for waters

sec.8 Indicators and water quality guidelines for environmental values for waters

An indicator for an environmental value for water is a physical, chemical, biological or other property that can be measured or decided in a quantitative way. The concentration of nutrients and pH value are types of chemical indicators. Secchi disc clarity and temperature are types of physical indicators. Seagrass depth range, macroinvertebrate family richness and percentage of exotic fish are types of biological indicators. Water quality guidelines are quantitative measures or statements for indicators, including, for example, the concentration or load of a contaminant of water, that protect a stated environmental value. For particular water, the indicators and water quality guidelines for an environmental value are decided using the following documents— site-specific documents for the water; the document called ‘Queensland water quality guidelines 2009’, published on the department’s website; the document called ‘Australian and New Zealand guidelines for fresh and marine water quality’, published by the Commonwealth; the document called ‘PFAS national environmental management plan’, published by the Commonwealth; the document called ‘Australian drinking water guidelines 6’, published on the National Health and Medical Research Council’s website; the document called ‘Guidelines for managing risks in recreational water’, published on the National Health and Medical Research Council’s website; the document called ‘Guidance on per and polyfluoroalkyl substances (PFAS) in recreational water’, published on the National Health and Medical Research Council’s website; other relevant documents published by a recognised entity. Also, for water mentioned in schedule 1 , column 1, the indicators for an environmental value include the indicators stated in the document opposite the water in schedule 1 , column 2. To the extent of any inconsistency between the documents mentioned in subsection (3) for a particular water quality guideline, the documents are to be used in the order in which they are listed in that subsection. In this section— load , of a contaminant of water, means the mass of the contaminant in the water measured over a period of time. site-specific document , for water, means a document that— contains specific information about the water, or part of the water; and is recognised by the chief executive as having appropriate scientific authority. s 8 amd 2020 SL No. 243 s 3 ; 2022 SL No. 125 s 5 (sec.8-ssec.1) An indicator for an environmental value for water is a physical, chemical, biological or other property that can be measured or decided in a quantitative way. The concentration of nutrients and pH value are types of chemical indicators. Secchi disc clarity and temperature are types of physical indicators. Seagrass depth range, macroinvertebrate family richness and percentage of exotic fish are types of biological indicators. (sec.8-ssec.2) Water quality guidelines are quantitative measures or statements for indicators, including, for example, the concentration or load of a contaminant of water, that protect a stated environmental value. (sec.8-ssec.3) For particular water, the indicators and water quality guidelines for an environmental value are decided using the following documents— site-specific documents for the water; the document called ‘Queensland water quality guidelines 2009’, published on the department’s website; the document called ‘Australian and New Zealand guidelines for fresh and marine water quality’, published by the Commonwealth; the document called ‘PFAS national environmental management plan’, published by the Commonwealth; the document called ‘Australian drinking water guidelines 6’, published on the National Health and Medical Research Council’s website; the document called ‘Guidelines for managing risks in recreational water’, published on the National Health and Medical Research Council’s website; the document called ‘Guidance on per and polyfluoroalkyl substances (PFAS) in recreational water’, published on the National Health and Medical Research Council’s website; other relevant documents published by a recognised entity. (sec.8-ssec.4) Also, for water mentioned in schedule 1 , column 1, the indicators for an environmental value include the indicators stated in the document opposite the water in schedule 1 , column 2. (sec.8-ssec.5) To the extent of any inconsistency between the documents mentioned in subsection (3) for a particular water quality guideline, the documents are to be used in the order in which they are listed in that subsection. (sec.8-ssec.6) In this section— load , of a contaminant of water, means the mass of the contaminant in the water measured over a period of time. site-specific document , for water, means a document that— contains specific information about the water, or part of the water; and is recognised by the chief executive as having appropriate scientific authority.

1 The concentration of nutrients and pH value are types of chemical indicators.
2 Secchi disc clarity and temperature are types of physical indicators.
3 Seagrass depth range, macroinvertebrate family richness and percentage of exotic fish are types of biological indicators.
(a) site-specific documents for the water;
(b) the document called ‘Queensland water quality guidelines 2009’, published on the department’s website;
(c) the document called ‘Australian and New Zealand guidelines for fresh and marine water quality’, published by the Commonwealth;
(d) the document called ‘PFAS national environmental management plan’, published by the Commonwealth;
(e) the document called ‘Australian drinking water guidelines 6’, published on the National Health and Medical Research Council’s website;
(f) the document called ‘Guidelines for managing risks in recreational water’, published on the National Health and Medical Research Council’s website;
(g) the document called ‘Guidance on per and polyfluoroalkyl substances (PFAS) in recreational water’, published on the National Health and Medical Research Council’s website;
(h) other relevant documents published by a recognised entity.
(a) contains specific information about the water, or part of the water; and
(b) is recognised by the chief executive as having appropriate scientific authority.

sec.9

When environmental values for waters are protected

sec.9 When environmental values for waters are protected

For this policy, the environmental values for particular waters are protected if the measures for all indicators comply with the water quality guidelines stated for the indicators. s 9 amd 2022 SL No. 125 s 6

pt.4

Management goals and water quality objectives for waters

sec.10

Management goals for waters

sec.10 Management goals for waters

The management goals for waters mentioned in schedule 1 , column 1 are the goals, if any, stated in the document opposite the water in schedule 1 , column 2. to maintain an area, composition and condition of seagrass beds, reefs or mangroves to maintain a stated level of diversity of fish species

• to maintain an area, composition and condition of seagrass beds, reefs or mangroves
• to maintain a stated level of diversity of fish species

sec.11

Water quality objectives for waters

sec.11 Water quality objectives for waters

This section and schedule 1 state the water quality objectives for waters to be achieved and maintained under this policy. Subject to subsection (4) , the water quality objectives for water mentioned in schedule 1 , column 1 are the objectives stated in the document opposite the water in schedule 1 , column 2. Subsection (4) applies if, for water mentioned in schedule 1 , column 1— an indicator and water quality guideline are decided for an environmental value for the water under section 8 (3) ; and the indicator, and a water quality objective for the indicator, are not stated in the document opposite the water in schedule 1 , column 2. The water quality guideline is also a water quality objective for the indicator for the water. The water quality objectives for water not mentioned in schedule 1 , column 1 are the set of water quality guidelines for all indicators that will protect all environmental values for the water. Without limiting subsection (5) , the water quality objectives for Great Barrier Reef catchment waters also includes the objectives stated in the document called ‘Great Barrier Reef River Basins End of Basin Load Water Quality Objectives’, dated September 2019. The document is available on the department’s website. However, water quality objectives do not apply to— water in swimming pools; and drinking water in a domestic water supply system, including, for example, water in a local government or privately owned water supply system; and waste water in a storage, including, for example, a sewage lagoon, mine tailings dam, irrigation tailwater dam and piggery or dairy waste water pond; and water in a pond used for aquaculture; and water in a stormwater treatment system; and water in a device used for erosion and sediment control, including, for example, water in a sediment basin or sediment tank; and water in a privately owned dam, irrigation channel, pipeline or water tank. In this section— stormwater treatment system means a system used for managing stormwater quality, quantity and flows. s 11 amd 2019 SL No. 234 s 21 ; 2020 Act No. 26 s 118 sch 1 ; 2022 SL No. 125 s 7 (sec.11-ssec.1) This section and schedule 1 state the water quality objectives for waters to be achieved and maintained under this policy. (sec.11-ssec.2) Subject to subsection (4) , the water quality objectives for water mentioned in schedule 1 , column 1 are the objectives stated in the document opposite the water in schedule 1 , column 2. (sec.11-ssec.3) Subsection (4) applies if, for water mentioned in schedule 1 , column 1— an indicator and water quality guideline are decided for an environmental value for the water under section 8 (3) ; and the indicator, and a water quality objective for the indicator, are not stated in the document opposite the water in schedule 1 , column 2. (sec.11-ssec.4) The water quality guideline is also a water quality objective for the indicator for the water. (sec.11-ssec.5) The water quality objectives for water not mentioned in schedule 1 , column 1 are the set of water quality guidelines for all indicators that will protect all environmental values for the water. (sec.11-ssec.6) Without limiting subsection (5) , the water quality objectives for Great Barrier Reef catchment waters also includes the objectives stated in the document called ‘Great Barrier Reef River Basins End of Basin Load Water Quality Objectives’, dated September 2019. The document is available on the department’s website. (sec.11-ssec.7) However, water quality objectives do not apply to— water in swimming pools; and drinking water in a domestic water supply system, including, for example, water in a local government or privately owned water supply system; and waste water in a storage, including, for example, a sewage lagoon, mine tailings dam, irrigation tailwater dam and piggery or dairy waste water pond; and water in a pond used for aquaculture; and water in a stormwater treatment system; and water in a device used for erosion and sediment control, including, for example, water in a sediment basin or sediment tank; and water in a privately owned dam, irrigation channel, pipeline or water tank. (sec.11-ssec.8) In this section— stormwater treatment system means a system used for managing stormwater quality, quantity and flows.

(a) an indicator and water quality guideline are decided for an environmental value for the water under section 8 (3) ; and
(b) the indicator, and a water quality objective for the indicator, are not stated in the document opposite the water in schedule 1 , column 2.
(a) water in swimming pools; and
(b) drinking water in a domestic water supply system, including, for example, water in a local government or privately owned water supply system; and
(c) waste water in a storage, including, for example, a sewage lagoon, mine tailings dam, irrigation tailwater dam and piggery or dairy waste water pond; and
(d) water in a pond used for aquaculture; and
(e) water in a stormwater treatment system; and
(f) water in a device used for erosion and sediment control, including, for example, water in a sediment basin or sediment tank; and
(g) water in a privately owned dam, irrigation channel, pipeline or water tank.

sec.12

Identifying environmental values etc. for waters

sec.12 Identifying environmental values etc. for waters

This section applies to water not mentioned in schedule 1 , column 1. For developing a document about particular water that is to be included in schedule 1 , the chief executive may identify— the environmental values to be protected for the water; and the water quality objectives for the water; and ways to improve the quality of the water. In identifying the matters mentioned in subsection (2) , the chief executive must ensure there has been— consultation with the community, including industry and commerce sectors; and consideration of the economic and social impacts of protecting environmental values for the water. Also, the chief executive may identify water quality objectives for the water that provide a lower level of protection of the environmental values for the water than the water quality guidelines mentioned in section 11 (4) only if— the adoption of the water quality guidelines would involve unacceptable economic or social impacts on the community; and the water quality objectives are an improvement on existing water quality. s 12 amd 2022 SL No. 125 s 8 (sec.12-ssec.1) This section applies to water not mentioned in schedule 1 , column 1. (sec.12-ssec.2) For developing a document about particular water that is to be included in schedule 1 , the chief executive may identify— the environmental values to be protected for the water; and the water quality objectives for the water; and ways to improve the quality of the water. (sec.12-ssec.3) In identifying the matters mentioned in subsection (2) , the chief executive must ensure there has been— consultation with the community, including industry and commerce sectors; and consideration of the economic and social impacts of protecting environmental values for the water. (sec.12-ssec.4) Also, the chief executive may identify water quality objectives for the water that provide a lower level of protection of the environmental values for the water than the water quality guidelines mentioned in section 11 (4) only if— the adoption of the water quality guidelines would involve unacceptable economic or social impacts on the community; and the water quality objectives are an improvement on existing water quality.

(a) the environmental values to be protected for the water; and
(b) the water quality objectives for the water; and
(c) ways to improve the quality of the water.
(a) consultation with the community, including industry and commerce sectors; and
(b) consideration of the economic and social impacts of protecting environmental values for the water.
(a) the adoption of the water quality guidelines would involve unacceptable economic or social impacts on the community; and
(b) the water quality objectives are an improvement on existing water quality.

sec.13

Amending waters in sch 1

sec.13 Amending waters in sch 1

The chief executive may replace a document stated in schedule 1 , column 2 for particular water only if— there has been consultation with the community, including industry and commerce sectors; and the chief executive has considered the economic and social impacts of protecting environmental values for the water. However, subsection (1) does not apply to a replacement document if— the purpose of the replacement is only to correct a minor error, or make another change that is not a change of substance; or the document being replaced states that an amendment of a stated type may be made to the document under this subsection, and the purpose of the replacement is only to make an amendment of the stated type. (sec.13-ssec.1) The chief executive may replace a document stated in schedule 1 , column 2 for particular water only if— there has been consultation with the community, including industry and commerce sectors; and the chief executive has considered the economic and social impacts of protecting environmental values for the water. (sec.13-ssec.2) However, subsection (1) does not apply to a replacement document if— the purpose of the replacement is only to correct a minor error, or make another change that is not a change of substance; or the document being replaced states that an amendment of a stated type may be made to the document under this subsection, and the purpose of the replacement is only to make an amendment of the stated type.

(a) there has been consultation with the community, including industry and commerce sectors; and
(b) the chief executive has considered the economic and social impacts of protecting environmental values for the water.
(a) the purpose of the replacement is only to correct a minor error, or make another change that is not a change of substance; or
(b) the document being replaced states that an amendment of a stated type may be made to the document under this subsection, and the purpose of the replacement is only to make an amendment of the stated type.

pt.5

Management of activities

sec.14

Management hierarchy for surface or groundwater

sec.14 Management hierarchy for surface or groundwater

This section states the management hierarchy for an activity that may affect water. See the Environmental Protection Regulation 2019 , section 35 . To the extent it is reasonable to do so, release of waste water or contaminants to waters must be dealt with in the following order of preference— firstly—reduce the production of waste water or contaminants by reducing the use of water; secondly—prevent waste and implement appropriate waste prevention measures; thirdly—evaluate treatment and recycling options and implement appropriate treatment and recycling; fourthly—evaluate the following options for waste water or contaminants in the order in which they are listed— appropriate treatment and release to a waste facility or sewer; appropriate treatment and release to land; appropriate treatment and release to surface waters or groundwaters. In this section— appropriate treatment , of waste water or contaminants, means— for release to a sewerage service provider’s waste facility or sewer—treatment that meets the service provider’s requirements for the release to the waste facility or sewer; or for release to land—treatment that ensures the release to land is ecologically sustainable; or for release to surface waters or groundwaters—treatment that ensures, or the taking of other steps to ensure, that the release— will not affect the environmental values for the waters; or is offset by undertaking an activity to counterbalance the impacts of releasing waste water or contaminants to waters, other than an offset to which the Environmental Offsets Act 2014 applies. sewerage service provider see the Water Supply (Safety and Reliability) Act 2008 , schedule 3 . waste facility means a facility for the recycling, reprocessing, treatment, storage, incineration, conversion to energy or disposal of waste. waste prevention means the adoption of practices or processes that avoid generating waste or reduce the quantity of waste requiring subsequent treatment, recycling or disposal. (sec.14-ssec.1) This section states the management hierarchy for an activity that may affect water. See the Environmental Protection Regulation 2019 , section 35 . (sec.14-ssec.2) To the extent it is reasonable to do so, release of waste water or contaminants to waters must be dealt with in the following order of preference— firstly—reduce the production of waste water or contaminants by reducing the use of water; secondly—prevent waste and implement appropriate waste prevention measures; thirdly—evaluate treatment and recycling options and implement appropriate treatment and recycling; fourthly—evaluate the following options for waste water or contaminants in the order in which they are listed— appropriate treatment and release to a waste facility or sewer; appropriate treatment and release to land; appropriate treatment and release to surface waters or groundwaters. (sec.14-ssec.3) In this section— appropriate treatment , of waste water or contaminants, means— for release to a sewerage service provider’s waste facility or sewer—treatment that meets the service provider’s requirements for the release to the waste facility or sewer; or for release to land—treatment that ensures the release to land is ecologically sustainable; or for release to surface waters or groundwaters—treatment that ensures, or the taking of other steps to ensure, that the release— will not affect the environmental values for the waters; or is offset by undertaking an activity to counterbalance the impacts of releasing waste water or contaminants to waters, other than an offset to which the Environmental Offsets Act 2014 applies. sewerage service provider see the Water Supply (Safety and Reliability) Act 2008 , schedule 3 . waste facility means a facility for the recycling, reprocessing, treatment, storage, incineration, conversion to energy or disposal of waste. waste prevention means the adoption of practices or processes that avoid generating waste or reduce the quantity of waste requiring subsequent treatment, recycling or disposal.

(a) firstly—reduce the production of waste water or contaminants by reducing the use of water;
(b) secondly—prevent waste and implement appropriate waste prevention measures;
(c) thirdly—evaluate treatment and recycling options and implement appropriate treatment and recycling;
(d) fourthly—evaluate the following options for waste water or contaminants in the order in which they are listed— (i) appropriate treatment and release to a waste facility or sewer; (ii) appropriate treatment and release to land; (iii) appropriate treatment and release to surface waters or groundwaters.
(i) appropriate treatment and release to a waste facility or sewer;
(ii) appropriate treatment and release to land;
(iii) appropriate treatment and release to surface waters or groundwaters.
(i) appropriate treatment and release to a waste facility or sewer;
(ii) appropriate treatment and release to land;
(iii) appropriate treatment and release to surface waters or groundwaters.
(a) for release to a sewerage service provider’s waste facility or sewer—treatment that meets the service provider’s requirements for the release to the waste facility or sewer; or
(b) for release to land—treatment that ensures the release to land is ecologically sustainable; or
(c) for release to surface waters or groundwaters—treatment that ensures, or the taking of other steps to ensure, that the release— (i) will not affect the environmental values for the waters; or (ii) is offset by undertaking an activity to counterbalance the impacts of releasing waste water or contaminants to waters, other than an offset to which the Environmental Offsets Act 2014 applies.
(i) will not affect the environmental values for the waters; or
(ii) is offset by undertaking an activity to counterbalance the impacts of releasing waste water or contaminants to waters, other than an offset to which the Environmental Offsets Act 2014 applies.
(i) will not affect the environmental values for the waters; or
(ii) is offset by undertaking an activity to counterbalance the impacts of releasing waste water or contaminants to waters, other than an offset to which the Environmental Offsets Act 2014 applies.

sec.15

Management intent for waters

sec.15 Management intent for waters

This section states the management intent for waters subject to an activity that involves the release of waste water or contaminants to the waters. It is the management intent for the waters that the decision to release the waste water or contaminant must ensure the following— for high ecological value waters—the measures for the indicators for all environmental values for waters are maintained; for slightly disturbed waters—the measures for the slightly modified physical or chemical indicators are progressively improved to achieve the water quality objectives for high ecological value water; for moderately disturbed waters— if the measures for the indicators for all environmental values achieve the water quality objectives for the water—the measures for the indicators are maintained at levels that achieve the water quality objectives for the water; or if the measures for the indicators for all environmental values do not achieve the water quality objectives for the water—the measures for the indicators are improved to achieve the water quality objectives for the water; for highly disturbed waters—the measures for the indicators for all environmental values are progressively improved to achieve the water quality objectives for the water. s 15 amd 2022 SL No. 125 s 9 (sec.15-ssec.1) This section states the management intent for waters subject to an activity that involves the release of waste water or contaminants to the waters. (sec.15-ssec.2) It is the management intent for the waters that the decision to release the waste water or contaminant must ensure the following— for high ecological value waters—the measures for the indicators for all environmental values for waters are maintained; for slightly disturbed waters—the measures for the slightly modified physical or chemical indicators are progressively improved to achieve the water quality objectives for high ecological value water; for moderately disturbed waters— if the measures for the indicators for all environmental values achieve the water quality objectives for the water—the measures for the indicators are maintained at levels that achieve the water quality objectives for the water; or if the measures for the indicators for all environmental values do not achieve the water quality objectives for the water—the measures for the indicators are improved to achieve the water quality objectives for the water; for highly disturbed waters—the measures for the indicators for all environmental values are progressively improved to achieve the water quality objectives for the water.

(a) for high ecological value waters—the measures for the indicators for all environmental values for waters are maintained;
(b) for slightly disturbed waters—the measures for the slightly modified physical or chemical indicators are progressively improved to achieve the water quality objectives for high ecological value water;
(c) for moderately disturbed waters— (i) if the measures for the indicators for all environmental values achieve the water quality objectives for the water—the measures for the indicators are maintained at levels that achieve the water quality objectives for the water; or (ii) if the measures for the indicators for all environmental values do not achieve the water quality objectives for the water—the measures for the indicators are improved to achieve the water quality objectives for the water;
(i) if the measures for the indicators for all environmental values achieve the water quality objectives for the water—the measures for the indicators are maintained at levels that achieve the water quality objectives for the water; or
(ii) if the measures for the indicators for all environmental values do not achieve the water quality objectives for the water—the measures for the indicators are improved to achieve the water quality objectives for the water;
(d) for highly disturbed waters—the measures for the indicators for all environmental values are progressively improved to achieve the water quality objectives for the water.
(i) if the measures for the indicators for all environmental values achieve the water quality objectives for the water—the measures for the indicators are maintained at levels that achieve the water quality objectives for the water; or
(ii) if the measures for the indicators for all environmental values do not achieve the water quality objectives for the water—the measures for the indicators are improved to achieve the water quality objectives for the water;

pt.6

Healthy waters management plans

sec.16

Healthy waters management plans

sec.16 Healthy waters management plans

The chief executive may develop and implement an environmental plan about water (a healthy waters management plan ) to decide ways to improve the quality of the water. Also, a recognised entity, in cooperation with the chief executive, may develop and implement a healthy waters management plan. A healthy waters management plan for water must— describe the water to which the plan applies; and include an assessment of the following for the water— any threats to water-dependent ecosystems; any matters that may adversely affect the use of the water as a supply of drinking water; any matters that may adversely affect the natural flows of the water; and if environmental values and water quality objectives for the water are stated in a document mentioned in schedule 1 , column 2—include the environmental values and water quality objectives; and if environmental values and water quality objectives have not been established for the water—include proposed environmental values, management goals and water quality guidelines for the water; and if a water plan under the Water Act 2000 applies to the water—include the environmental flow objectives for the plan and ecological outcomes stated in the plan for the water; and identify ways to protect the environmental values for the water, and to monitor and assess the effectiveness of the protection. In developing and implementing the plan, the chief executive or entity must have regard to any guidelines published by the department about healthy waters management plans. (sec.16-ssec.1) The chief executive may develop and implement an environmental plan about water (a healthy waters management plan ) to decide ways to improve the quality of the water. (sec.16-ssec.2) Also, a recognised entity, in cooperation with the chief executive, may develop and implement a healthy waters management plan. (sec.16-ssec.3) A healthy waters management plan for water must— describe the water to which the plan applies; and include an assessment of the following for the water— any threats to water-dependent ecosystems; any matters that may adversely affect the use of the water as a supply of drinking water; any matters that may adversely affect the natural flows of the water; and if environmental values and water quality objectives for the water are stated in a document mentioned in schedule 1 , column 2—include the environmental values and water quality objectives; and if environmental values and water quality objectives have not been established for the water—include proposed environmental values, management goals and water quality guidelines for the water; and if a water plan under the Water Act 2000 applies to the water—include the environmental flow objectives for the plan and ecological outcomes stated in the plan for the water; and identify ways to protect the environmental values for the water, and to monitor and assess the effectiveness of the protection. (sec.16-ssec.4) In developing and implementing the plan, the chief executive or entity must have regard to any guidelines published by the department about healthy waters management plans.

(a) describe the water to which the plan applies; and
(b) include an assessment of the following for the water— (i) any threats to water-dependent ecosystems; (ii) any matters that may adversely affect the use of the water as a supply of drinking water; (iii) any matters that may adversely affect the natural flows of the water; and
(i) any threats to water-dependent ecosystems;
(ii) any matters that may adversely affect the use of the water as a supply of drinking water;
(iii) any matters that may adversely affect the natural flows of the water; and
(c) if environmental values and water quality objectives for the water are stated in a document mentioned in schedule 1 , column 2—include the environmental values and water quality objectives; and
(d) if environmental values and water quality objectives have not been established for the water—include proposed environmental values, management goals and water quality guidelines for the water; and
(e) if a water plan under the Water Act 2000 applies to the water—include the environmental flow objectives for the plan and ecological outcomes stated in the plan for the water; and
(f) identify ways to protect the environmental values for the water, and to monitor and assess the effectiveness of the protection.
(i) any threats to water-dependent ecosystems;
(ii) any matters that may adversely affect the use of the water as a supply of drinking water;
(iii) any matters that may adversely affect the natural flows of the water; and

pt.7

Functions of chief executive

sec.17

Community awareness and involvement

sec.17 Community awareness and involvement

This section applies if the chief executive decides to develop and implement a plan to— raise community awareness of issues about water quality; and involve the community in water quality management. The chief executive must consider including in the plan— a description of the issues about water quality; and ways to raise community awareness and understanding about water quality policy, planning and management; and ways to improve levels of community consultation in relation to water quality management, including consultation carried out under this policy; and ways to better inform the community of issues about water quality management. (sec.17-ssec.1) This section applies if the chief executive decides to develop and implement a plan to— raise community awareness of issues about water quality; and involve the community in water quality management. (sec.17-ssec.2) The chief executive must consider including in the plan— a description of the issues about water quality; and ways to raise community awareness and understanding about water quality policy, planning and management; and ways to improve levels of community consultation in relation to water quality management, including consultation carried out under this policy; and ways to better inform the community of issues about water quality management.

(a) raise community awareness of issues about water quality; and
(b) involve the community in water quality management.
(a) a description of the issues about water quality; and
(b) ways to raise community awareness and understanding about water quality policy, planning and management; and
(c) ways to improve levels of community consultation in relation to water quality management, including consultation carried out under this policy; and
(d) ways to better inform the community of issues about water quality management.

sec.18

Ambient monitoring

sec.18 Ambient monitoring

If the chief executive carries out a program of ambient monitoring of waters to assess the state of waters, the chief executive must— carry out the monitoring under— the document called ‘Monitoring and Sampling Manual 2018’, published on the department’s website; and the ‘Australian and New Zealand guidelines for fresh and marine water quality’, published in 2018; and publish the results of the monitoring on the department’s website; and prepare a report about the results of the monitoring. To the extent of any inconsistency between the documents mentioned in subsection (1) (a) , the document mentioned in subsection (1) (a) (i) prevails. If practicable, a comparison of ambient monitoring results with the water quality objectives for, and freshwater flows to, the water during the time of the monitoring must be included in the report. Subsection (5) applies if the measure of an indicator does not comply with a water quality objective because the noncompliance is caused by the natural properties of the water. For preparing the report, the measure of the indicator is taken to comply with the water quality objective if, at the time the indicator is measured, the measure of the indicator is within the natural background level, as determined under the monitoring program, for the indicator. If the results of monitoring show the water quality objectives for the water have not been met, the chief executive may investigate the reasons why the water fails to meet the water quality objectives. In this section— ambient monitoring , of water, includes assessing, analysing, examining, inspecting, measuring or reporting on the following— the quantity, quality and characteristics of water; the effectiveness of control, remedial or rehabilitation measures on the matters mentioned in paragraph (a) . s 18 amd 2020 SL No. 243 s 4 (sec.18-ssec.1) If the chief executive carries out a program of ambient monitoring of waters to assess the state of waters, the chief executive must— carry out the monitoring under— the document called ‘Monitoring and Sampling Manual 2018’, published on the department’s website; and the ‘Australian and New Zealand guidelines for fresh and marine water quality’, published in 2018; and publish the results of the monitoring on the department’s website; and prepare a report about the results of the monitoring. (sec.18-ssec.2) To the extent of any inconsistency between the documents mentioned in subsection (1) (a) , the document mentioned in subsection (1) (a) (i) prevails. (sec.18-ssec.3) If practicable, a comparison of ambient monitoring results with the water quality objectives for, and freshwater flows to, the water during the time of the monitoring must be included in the report. (sec.18-ssec.4) Subsection (5) applies if the measure of an indicator does not comply with a water quality objective because the noncompliance is caused by the natural properties of the water. (sec.18-ssec.5) For preparing the report, the measure of the indicator is taken to comply with the water quality objective if, at the time the indicator is measured, the measure of the indicator is within the natural background level, as determined under the monitoring program, for the indicator. (sec.18-ssec.6) If the results of monitoring show the water quality objectives for the water have not been met, the chief executive may investigate the reasons why the water fails to meet the water quality objectives. (sec.18-ssec.7) In this section— ambient monitoring , of water, includes assessing, analysing, examining, inspecting, measuring or reporting on the following— the quantity, quality and characteristics of water; the effectiveness of control, remedial or rehabilitation measures on the matters mentioned in paragraph (a) .

(a) carry out the monitoring under— (i) the document called ‘Monitoring and Sampling Manual 2018’, published on the department’s website; and (ii) the ‘Australian and New Zealand guidelines for fresh and marine water quality’, published in 2018; and
(i) the document called ‘Monitoring and Sampling Manual 2018’, published on the department’s website; and
(ii) the ‘Australian and New Zealand guidelines for fresh and marine water quality’, published in 2018; and
(b) publish the results of the monitoring on the department’s website; and
(c) prepare a report about the results of the monitoring.
(i) the document called ‘Monitoring and Sampling Manual 2018’, published on the department’s website; and
(ii) the ‘Australian and New Zealand guidelines for fresh and marine water quality’, published in 2018; and
(a) the quantity, quality and characteristics of water;
(b) the effectiveness of control, remedial or rehabilitation measures on the matters mentioned in paragraph (a) .

sec.19

Amendment of Map of Queensland wetland environmental values

sec.19 Amendment of Map of Queensland wetland environmental values

The chief executive may amend the Map of Queensland wetland environmental values only if the amendment is made because— more accurate information indicating the extent, hydrological type or ecological significance of the wetland has become available; or the chief executive considers that the ecological significance of a wetland has changed. If the chief executive amends the map under subsection (1) , the chief executive must— fix a new edition number to the amended map; and publish the amended map on the department’s website. (sec.19-ssec.1) The chief executive may amend the Map of Queensland wetland environmental values only if the amendment is made because— more accurate information indicating the extent, hydrological type or ecological significance of the wetland has become available; or the chief executive considers that the ecological significance of a wetland has changed. (sec.19-ssec.2) If the chief executive amends the map under subsection (1) , the chief executive must— fix a new edition number to the amended map; and publish the amended map on the department’s website.

(a) more accurate information indicating the extent, hydrological type or ecological significance of the wetland has become available; or
(b) the chief executive considers that the ecological significance of a wetland has changed.
(a) fix a new edition number to the amended map; and
(b) publish the amended map on the department’s website.

pt.8

Miscellaneous

sec.20

Operation of sch 1

sec.20 Operation of sch 1

The boundaries of water mentioned in schedule 1 , column 1 are the boundaries identified in the document stated opposite the water in schedule 1 , column 2. The documents mentioned in schedule 1 are published on the department’s website.

pt.9

Repeal and transitional provisions

pt.9-div.1

Repeal

sec.21

Repeal

sec.21 Repeal

The Environmental Protection (Water) Policy 2009 , SL No. 178 is repealed.

pt.9-div.2

Transitional provision for Environmental Protection (Great Barrier Reef Protection Measures) and Other Legislation Amendment Regulation 2019

sec.22

Application of s 11 during transitional period

sec.22 Application of s 11 during transitional period

Section 11(4) does not apply in relation to an environmental management decision made during the transitional period. In this section— environmental management decision see the Environmental Protection Regulation 2019 , section 32 . transitional period means the period that starts on the commencement and ends 1 year after the commencement. s 22 ins 2019 SL No. 234 s 24 (sec.22-ssec.1) Section 11(4) does not apply in relation to an environmental management decision made during the transitional period. (sec.22-ssec.2) In this section— environmental management decision see the Environmental Protection Regulation 2019 , section 32 . transitional period means the period that starts on the commencement and ends 1 year after the commencement.

Source text: opening excerpt

Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.

pt.1 Preliminary

Preliminary

sec.1 Short title

This policy may be cited as the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 .

sec.2 Commencement

This regulation commences on 1 September 2019.

sec.3 Definitions

The dictionary in schedule 2 defines particular words used in this policy.

pt.2 Application and purpose of policy

Application and purpose of policy

sec.4 Application of policy

This policy applies to waters and wetlands.

sec.5 Purpose

(a) identifying environmental values for waters and wetlands to be enhanced or protected; and
(b) identifying management goals for waters; and
(c) stating water quality guidelines and water quality objectives for enhancing or protecting the environmental values for waters; and
(d) providing a framework for making consistent, equitable and informed decisions about waters; and
(e) monitoring and reporting on the condition of waters.

pt.3 Basic concepts

Basic concepts

Compliance with the policy requires a mix of diagnostic, procedural and technical steps tailored to whether a water body is listed in schedule 1, the category of its environmental values, and the nature of the proposed activity that may release wastewater or contaminants. The following practical roadmap aligns each step to the relevant policy provisions:

Determine whether the water or wetland is listed in schedule 1 and the applicable documents:
- Check schedule 1 to see whether the water appears in column 1 and, if so, identify the document opposite the water in column 2 which sets environmental values, management goals and objectives (s 6(1), s 11(2), s 20). The policy makes clear those documents are published on the department’s website (s 20).
Identify applicable environmental values and objectives:
- If the water is in schedule 1, adopt the environmental values and water quality objectives stated in the schedule document unless s 11(4) applies (s 6(1), s 11(2)-(4)). If not in schedule 1, use the categories and definitions in s 6(2) and follow the process in s 12 for identification by the chief executive.
- If you are preparing a site‑specific document for recognition, ensure it contains specific information and can be recognised by the chief executive as having appropriate scientific authority (s 8(6)).
Use the prescribed technical documents and hierarchy to pick indicators and guidelines:
- Select indicators and water quality guidelines using the list in s 8(3) (site‑specific documents, Queensland water quality guidelines 2009, ANZECC, PFAS plan, Australian drinking water guidelines 6, NHMRC recreation guidelines, NHMRC PFAS recreation guidance, and other recognised documents). Observe the order of precedence where conflicts exist (s 8(5)).
Apply the management hierarchy for discharges:
- For any activity that might release wastewater or contaminants, follow the management hierarchy in s 14: first reduce wastewater production and water use; second prevent waste; third evaluate treatment and recycling; fourth consider release options in order (appropriate treatment and release to a waste facility or sewer; release to land; release to surface or groundwater). Ensure treatment meets the destination-specific “appropriate treatment” standards in s 14(3). If release is to a sewer, liaise with the sewerage service provider to meet their requirements (s 14(3)(a)).
Satisfy management intent by water category:
- Align decisions to release contaminants with management intent requirements in s 15: maintain measures for high ecological value waters; progressively improve slightly disturbed and highly disturbed waters; maintain or improve moderately disturbed waters depending on whether current indicators meet objectives.
Participate in consultation if affected by schedule 1 documents or chief executive processes:
- If you seek to influence environmental values or objectives for a water not in schedule 1, or to rely on amendments to schedule 1, engage in the consultation processes mandated for the chief executive. The chief executive must consult community, industry and commerce sectors and consider economic and social impacts when identifying values/objectives (s 12(3), s 13(1)). Submit evidence on economic and social impacts if arguing for alternative objectives under s 12(4).
If using offsets, ensure alignment with policy constraints:
- If considering offsets to counterbalance impacts of releases to surface or groundwater, confirm the offset arrangement is compatible with s 14(3)(c)(ii) and not an offset governed by the Environmental Offsets Act 2014, which the policy expressly excludes.
Design monitoring and reporting to the specified standards:
- Align ambient monitoring with the Monitoring and Sampling Manual 2018 and the Australian and New Zealand guidelines (s 18(1)-(2)), and prepare to publish and report monitoring results if you are the chief executive or a body acting under a monitoring program. If relying on natural background level arguments, ensure the monitoring program has robust determinations of natural background levels, because s 18(4)-(5) allows measures within natural background to be treated as compliant.
Use healthy waters management plans:
- Where appropriate, develop or participate in a healthy waters management plan under s 16, ensuring the plan describes the water, assesses threats and flows, includes environmental values and objectives where they exist, proposes values and objectives where absent, and identifies protection and monitoring measures. If you are a recognised entity, negotiate cooperation with the chief executive as permitted by s 16(2).
Account for exclusions and infrastructure-specific rules:
- If your activity involves water in classes excluded from water quality objectives (s 11(7)), identify the alternative regulatory rules that apply (for example, licensing, public health and drinking water standards, local government codes). Do not assume the policy’s objectives apply to excluded systems.
Keep documentary evidence and trace decisions:
- Document how the management hierarchy was considered and why chosen options were reasonable, as the policy requires application “to the extent it is reasonable to do so” (s 14(2)). Keep records of consultations, economic/social impact assessments where relevant for s 12 and s 13 processes, technical evidence supporting site‑specific documents, and monitoring data aligned to the specified manuals, because these materials will be relevant in any review or regulatory decision.
Track external documents and changes:
- Because the policy relies on external manuals and national guidelines and because its own provisions have been amended in 2020 and 2022 (see amendment annotations), maintain an up‑to‑date register of the versions of external documents used to set indicators and guidelines. Ensure that any site‑specific documents you prepare are consistent with the hierarchy in s 8.

In short, compliance is a structured process: identify whether schedule 1 applies, determine environmental values and objectives, select indicators and guidelines using the prescribed documents in the correct order, apply the management hierarchy and management intent when planning releases, engage in required consultations and document economic/social impact evidence where relevant, design monitoring to the manuals cited, and use healthy waters management plans where appropriate. Legal and technical advisers should align activity approvals and licence conditions with the policy’s objectives, while also consulting the Environmental Protection Act and Environmental Protection Regulation for enforcement and penalty provisions.

Deep Dive

What it does

Current sections

Preliminary

Preliminary

Short title

sec.1 Short title

Commencement

sec.2 Commencement

Definitions

sec.3 Definitions

Application and purpose of policy

Application and purpose of policy

Application of policy

sec.4 Application of policy

Purpose

sec.5 Purpose

Basic concepts

Basic concepts

Environmental values for waters

sec.6 Environmental values for waters

Environmental values for wetlands

sec.7 Environmental values for wetlands

Indicators and water quality guidelines for environmental values for waters

sec.8 Indicators and water quality guidelines for environmental values for waters

When environmental values for waters are protected

sec.9 When environmental values for waters are protected

Management goals and water quality objectives for waters

Management goals and water quality objectives for waters

Management goals for waters

sec.10 Management goals for waters

Water quality objectives for waters

sec.11 Water quality objectives for waters

Identifying environmental values etc. for waters

sec.12 Identifying environmental values etc. for waters

Amending waters in sch&#160;1

sec.13 Amending waters in sch 1

Management of activities

Management of activities

Management hierarchy for surface or groundwater

sec.14 Management hierarchy for surface or groundwater

Management intent for waters

sec.15 Management intent for waters

Healthy waters management plans

Healthy waters management plans

Healthy waters management plans

sec.16 Healthy waters management plans

Functions of chief executive

Functions of chief executive

Community awareness and involvement

sec.17 Community awareness and involvement

Ambient monitoring

sec.18 Ambient monitoring

Amendment of Map of Queensland wetland environmental values

sec.19 Amendment of Map of Queensland wetland environmental values

Miscellaneous

Miscellaneous

Operation of sch&#160;1

sec.20 Operation of sch 1

Repeal and transitional provisions

Repeal and transitional provisions

Repeal

Repeal

Repeal

sec.21 Repeal

Transitional provision for Environmental Protection (Great Barrier Reef Protection Measures) and Other Legislation Amendment Regulation 2019

Transitional provision for Environmental Protection (Great Barrier Reef Protection Measures) and Other Legislation Amendment Regulation 2019

Application of s&#160;11 during transitional period

sec.22 Application of s 11 during transitional period

Source text: opening excerpt

pt.1 Preliminary

Preliminary

sec.1 Short title

sec.1 Short title

sec.2 Commencement

sec.2 Commencement

sec.3 Definitions

sec.3 Definitions

pt.2 Application and purpose of policy

Application and purpose of policy

Amending waters in sch 1

Operation of sch 1

Application of s 11 during transitional period