2025
A Bill
for
An Act to amend the Environmental Protection Act 1994 and the
Nature Conservation Act 1992 for particular purposes
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Authorised by the Parliamentary Counsel
[s 1]
Nature Conservation and Other Legislation Amendment Bill 2025
Part 1 Preliminary
The Parliament of Queensland enacts—
Part 1 Preliminary
1 Short title
This Act may be cited as the Nature Conservation and Other
Legislation Amendment Act 2025.
2 Commencement
The following provisions commence on the day that is 28
days after the date of assent—
(a) part 2, division 3;
(b) part 3;
(c) schedule 1.
Part 2 Amendment of Environmental
Protection Act 1994
Division 1 Preliminary
3 Act amended
This part amends the Environmental Protection Act 1994.
Note—
See also the amendments in schedule 1.
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Authorised by the Parliamentary Counsel
[s 4]
Nature Conservation and Other Legislation Amendment Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
Division 2 Amendments commencing on
assent
4 Amendment of s 811 (Proceedings for particular offences
relating to particular instruments)
(1) Section 811—
insert—
(2A) A reference in subsection (2) to a proceeding for
the offence includes, for an offence against a
relevant infringement notice offence provision, a
reference to action by way of an infringement
notice under the State Penalties Enforcement Act
1999 and, for that purpose, the State Penalties
Enforcement Regulation 2014 applies as if it had
not been amended by the amending Act.
(2) Section 811(3)—
omit, insert—
(3) Subsections (2) and (2A)—
(a) do not limit the Acts Interpretation Act
1954, section 20; and
(b) apply despite the Criminal Code, section 11.
(3A) Any action under the State Penalties Enforcement
Act 1999 taken in relation to a relevant
infringement notice offence provision before the
commencement of subsection (2A) is taken to be,
and to have always been, as valid as if subsection
(2A) were in force when the action was taken.
(3) Section 811(4)—
insert—
relevant infringement notice offence provision
means a relevant offence provision that,
immediately before the commencement of the
amending Act, part 4, was mentioned in the State
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Authorised by the Parliamentary Counsel
[s 5]
Nature Conservation and Other Legislation Amendment Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
Penalties Enforcement Regulation 2014, schedule
1, entry for Environmental Protection Act 1994.
Division 3 Amendments commencing 28 days
after assent
5 Insertion of new ch 5, pt 5, div 2, sdiv 1A
Chapter 5, part 5, division 2—
insert—
Subdivision 1A Standard
applications—general
169A Approval of standard applications generally
(1) This section applies if—
(a) an applicant makes a standard application,
other than an application for a mining
activity relating to a mining lease; and
(b) the applicant—
(i) is a registered suitable operator; or
(ii) has, together with the standard
application, applied under section 318F
to be registered as a suitable operator
for carrying out the relevant activity for
the application and has been given
notice under section 318I(1)(a) stating
the application for registration is
approved.
(2) On the day the decision stage starts, the
administering authority is taken to have decided
to approve the standard application subject to the
standard conditions for the relevant activities for
the application.
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Authorised by the Parliamentary Counsel
[s 6]
Nature Conservation and Other Legislation Amendment Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
Notes—
1 See sections 170 and 177 in relation to a standard
application for a mining activity relating to a
mining lease.
2 See also section 555 about approval of an electronic
system to automatically issue an environmental
authority for a standard application mentioned in
this section.
6 Replacement of s 170 (Deciding standard application)
Section 170—
omit, insert—
170 Deciding standard application for mining
activity relating to mining lease
(1) This section applies for a standard application for
a mining activity relating to a mining lease.
(2) The administering authority must decide that the
standard application be approved subject to the
standard conditions for the mining activity.
(3) However, the administering authority may decide
that the applicant be issued an environmental
authority on conditions that are different to the
standard conditions if—
(a) a properly made submission was made for
the standard application relating to the
subject of a standard condition for the
mining activity; and
(b) the conditions are different only in relation
to the subject of the standard condition
mentioned in paragraph (a).
Note—
See section 169A in relation to the approval of other
standard applications.
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Authorised by the Parliamentary Counsel
[s 7]
Nature Conservation and Other Legislation Amendment Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
7 Replacement of s 177 (Automatic decision for standard
application in particular circumstances)
Section 177—
omit, insert—
Subdivision 3 Deemed decisions
177 Deemed decision for standard application for
mining activity relating to mining lease in
particular circumstances
(1) This section applies for a standard application for
a mining activity relating to a mining lease.
(2) If the administering authority does not decide the
standard application within the period required
under subdivision 1 for the application—
(a) the administering authority is taken to have
decided to approve the application on the
standard conditions for the mining activity
under section 170(2); and
(b) the decision is taken to have been made on
the last day of the period.
8 Replacement of s 195 (Issuing environmental authority or
PRCP schedule)
Section 195—
omit, insert—
195 Issuing environmental authority or PRCP
schedule
(1) This section applies if the administering
authority—
(a) is taken to have decided to approve a
standard application under section 169A; or
(b) decides to approve another application for
an environmental authority; or
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Authorised by the Parliamentary Counsel
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Nature Conservation and Other Legislation Amendment Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
(c) decides under section 170(3) or 171(2)(b) to
issue an environmental authority; or
(d) decides to approve a draft PRCP schedule
for a proposed PRC plan.
(2) The administering authority must—
(a) for a decision mentioned in subsection
(1)(a), (b) or (c)—issue an environmental
authority to the applicant within the period
stated in section 196 for the decision; or
(b) for a decision mentioned in subsection
(1)(d)—issue a PRCP schedule to the
applicant within the period stated in section
196 for the decision.
9 Replacement of s 204 (Conditions that must be imposed
for standard or variation applications)
Section 204—
omit, insert—
204 Environmental authorities for standard or
variation applications include particular
condition
(1) This section applies for an environmental
authority or draft environmental authority issued
for a standard or variation application.
(2) The environmental authority is taken to include a
condition requiring the holder of the authority to
take all reasonable steps to ensure the relevant
activity complies with the eligibility criteria for
the activity.
(3) The condition under subsection (2) is taken to be
a standard condition imposed on the
environmental authority.
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Authorised by the Parliamentary Counsel
[s 10]
Nature Conservation and Other Legislation Amendment Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
10 Amendment of s 553 (Electronic applications and
submissions)
(1) Section 553(1)(b), ‘at a stated email address.’—
omit, insert—
by using a stated electronic system or sending an
email to a stated email address.
(2) Section 553(2)—
omit, insert—
(2) The application or submission may be made by—
(a) giving the information required by the
approved form by using the stated electronic
system; or
(b) sending the information required by the
approved form to the stated email address in
a format substantially similar to the
approved form.
11 Insertion of new s 555
After section 554—
insert—
555 Electronic system for automatically issuing
particular environmental authority
(1) An electronic system must not be used to
automatically issue an environmental authority
for a standard application mentioned in section
169A unless the chief executive approves the use
of the system for that purpose.
(2) The chief executive must take all reasonable steps
to ensure the approved electronic system operates,
and continues to operate, in compliance with the
requirements of this Act.
(3) Subsection (1) does not prevent the approved
electronic system being used for another purpose
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Authorised by the Parliamentary Counsel
[s 12]
Nature Conservation and Other Legislation Amendment Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
relating to the administration of this Act.
12 Insertion of new ch 13, pt 34
Chapter 13—
insert—
Part 34 Validation and
transitional provisions
for Nature
Conservation and
Other Legislation
Amendment Act 2025
824 Validation of environmental authorities
purportedly issued for particular standard
applications
(1) This section applies if, before the
commencement—
(a) a standard application was made for an
environmental authority; and
(b) the application was purportedly approved
under former section 170(2)(a) by the
operation of an automated system; and
(c) the authority was purportedly issued under
former section 195(2)(a) by the operation of
an automated system.
(2) Both of the following apply—
(a) the standard application is taken to have
been approved by a decision of the
administering authority;
(b) the environmental authority is taken to have
been issued by the administering authority
at the relevant time.
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Authorised by the Parliamentary Counsel
[s 12]
Nature Conservation and Other Legislation Amendment Bill 2025
Part 2 Amendment of Environmental Protection Act 1994
(3) Anything done or omitted to be done that would
have been valid and lawful under this Act or
another Act, had the standard application been
approved by a decision of the administering
authority, and had the environmental authority
been issued by the administering authority at the
relevant time, is taken to be, and always to have
been, valid and lawful.
(4) In this section—
automated system means an electronic system
operated from time to time by a person
performing a function under this Act for an
administering authority.
former, for a provision, means the provision as in
force from time to time before the
commencement.
relevant time, in relation to an environmental
authority, means the time the authority was
purportedly issued by the operation of an
automated system.
825 Electronic system approved before
commencement
(1) This section applies if—
(a) before the commencement, the chief
executive approved the use of an electronic
system for the purpose of automatically
issuing an environmental authority for a
relevant standard application; and
(b) immediately before the commencement, the
approval was in effect.
(2) The electronic system is taken to be approved by
the chief executive under section 555(1) for the
same purpose for the period—
(a) starting on the commencement; and
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Authorised by the Parliamentary Counsel
[s 13]
Nature Conservation and Other Legislation Amendment Bill 2025
Part 3 Amendment of Nature Conservation Act 1992
(b) ending when the chief executive cancels the
approval, whether to give a new approval
under section 555(1) or otherwise.
(3) In this section—
relevant standard application means a standard
application, other than an application for a mining
activity relating to a mining lease.
13 Other amendments
Schedule 1 also amends the Environmental Protection Act
1994.
Part 3 Amendment of Nature
Conservation Act 1992
14 Act amended
This part amends the Nature Conservation Act 1992.
15 Amendment of s 143A (False or misleading documents)
(1) Section 143A, ‘give to’—
omit, insert—
give
(2) Section 143A—
insert—
(2) Subsection (1) applies in relation to a document
given to an authorised person by any means,
including by using an electronic system.
Note—
See also section 157 in relation to making a false or
misleading statement to a conservation officer.
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