Environmental protection

Environmental Protection Act 1994

This Act is to protect Queensland's environment while allowing for development that improves the total quality of life, now and in the future, in a way that maintains ecological processes on which life depends. This approach is termed 'ecologically sustainable development'.

Chapter 1 states that this is to be achieved by a cyclical integrated management program with four phases:

Phase 1 involves researching the state of the environment, including essential ecological processes, and deciding those environmental values that are to be protected or achieved by consulting industry, government departments and the community.

Phase 2 involves developing environmental protection policies that include indicators, standards, waste minimisation and management advice, and promoting community involvement and responsibility.

Phase 3 implements and integrates environmental strategies into matters such as landuse planning and managing natural resources, ensuring actions to protect environmental values from environmental harm, monitoring contaminants in the environment, and requiring those causing environmental harm to pay costs and penalties.

Phase 4 requires accountability including reviewing the impact of human activities, evaluating the efficiency and effectiveness of environmental strategies, and reporting on the state of the environment.

The Act is to be administered as far as practicable in consultation with and having regard to the views and interests of industry, Aborigines and Torres Strait Islanders, interested groups and persons and the community generally.

The Act defines terms including environment, environmental value, contamination, contaminant, noise, waste, environmental harm, environmental nuisance, material environmental harm, serious environmental harm, and best practice environmental management.

The Act regulates 'environmentally relevant activities'. These are either a mining activity or as prescribed by the Environmental Protection Regulation 1998. There are two levels of environmentally relevant activity based on the risk of environmental harm from released contaminants.

The Act binds everyone including the Queensland Government and its agencies and, as far as legislative power permits, the Commonwealth Government and other state governments.

Chapter 2 details the development, operation and review of environmental protection policies as in phase 2 above.

Chapter 3 covers the environmental impact statement process for environmental authorities (mining activities). A key feature is the imposition of a general environmental duty on all Queenslanders. Individuals undertaking any activity must take all reasonable and practicable measures to prevent or minimise environmental harm. Workers finding pollution occurring must tell their supervisors so employers can act.

Chapter 4 applies if the administering authority is the assessment manager or a referral agency for a development application for a chapter 4 activity. It details the process for registration of operators of environmentally relevant activities (other than for mining or petroleum activities).

Chapter 4A covers the licensing of environmental authorities for petroleum activities.

Chapter 5 covers the regulation of mining activities. Mining activities are level 1 or level 2 environmentally relevant activities.

Chapter 6 provides for integrated authorities and changing the anniversary day for an environmental authority or registration certificate.

Chapter 7 covers environmental management. A key feature is the imposition of a general environmental duty on all Queenslanders. Individuals undertaking any activity must take all reasonable and practicable measures to prevent or minimise environmental harm. Workers finding pollution occurring must tell their supervisors so employers can act.

The chapter also provides detail about compliance tools such as environmental evaluations, environmental management programs, environmental protection orders and financial assurances.

The chapter also contains the contaminated land provisions.

This chapter also provides detail about environmental authorities, environmental evaluations, environmental management programs, environmental protection orders, financial assurances, contaminated land and environmental offences.

Failure to observe procedures including evaluations, programs and orders, and causing wilful or unlawful environmental harm, are offences with penalties up to 4165 penalty units or five years' jail.

Chapter 8 details general environmental offences. Failure to observe procedures including evaluations, programs and orders, and causing wilful or unlawful environmental harm, are offences with penalties up to 4165 penalty units or five years' jail.

Chapter 9 covers the appointment of authorised persons and their powers.]

Chapter 10 details matters relating to legal proceedings, such as executive officer liability, when legal proceedings for an offence under this Act may start, restraint orders and enforcement orders.

Chapter 11 covers administrative matters such as the devolution of certain powers. For example, responsibility for administering about 20 types of low risk environmentally relevant activities is transferred to local government. This chapter also covers delegations, reviews of decisions and appeals, the keeping of a register of details open for public inspection, approved forms, advisory committees, annual reports and publication of a state of environment report at least every four years.

Chapter 12 covers miscellaneous matters such as approval by the Minister of codes of practice and conditions of codes of environmental compliance. It also details matters for which regulations can be made and the process for exemption from disclosure and entry to land.

Chapter 13 covers savings and transitional matters.

Environmental Protection Regulation 1998

One of the main functions of the Environmental Protection Regulation 1998 is to list all the environmentally relevant activities, their level and the annual fee.

Part 1A of the regulation provides additional details for the environmental impact statement process for level 1 mining activities.

Part 2 outlines matters regarding environmentally relevant activities. The environmentally relevant activities, other than level 1 or level 2 mining activities, are listed in schedule 1.

Part 2A outlines offences and procedures for dealing with minor matters of environmental nuisance, such as small building sites, air conditioners and swimming pool pumps.

Part 3 details the responsibilities and procedures to be observed in handling ozone-depleting substances. Schedules 3-5 contain further requirements and industry codes of practice for ozone-depleting substances. Schedule 8 lists ozone depleting substances.

Part 3A of the regulation provides the statutory basis for implementing the National Environment Protection Measure for the National Pollutant Inventory. This requires businesses that use more than a threshold amount of certain substances to report their estimated annual emissions.

Part 3B gives effect to, and provides for compliance with, the National Environment Protection (Used Packaging Materials) Measure made under the National Environment Protection Council Act 1994 (Cwlth), section 14

Part 3C provides for quality standards for petrol and diesel to reduce emission of contaminants into Queensland’s air environment.

Part 4 details administrative arrangements, including the devolution of powers to local government, fees and information to be kept on registers. Schedules 1 and 6 also give details of fees.

Part 4A of the regulation lists the codes of environmental compliance approved under the Environmental Protection Act 1994.

Schedule 9 contains a dictionary of terms used in the Regulation.

The Environmental Protection Regulation 1998 is being remade in 2008. Members of the public are invited to view the public consultation documents for the new Regulation.

Environmental Protection (Waste) Policy and Regulation 2000

The Environmental Protection (Waste Management) Policy 2000 (Waste EPP) and the Environmental Protection (Waste Management) Regulation 2000 co-ordinate and clarify waste management practices in Queensland and provide improved environmental safeguards. The legislation commenced on 1 July 2000.

Developed with local government and industry input, the legislation will benefit the Queensland community through safer disposal practices, and cost savings achieved by improved planning and management of waste services. It provides clarification for waste contractors, waste generators, local governments and the general community.

EPP summary

The Waste EPP provides a strategic framework for managing wastes in Queensland. It does this by establishing a preferred waste management hierarchy and various principles as the basis for waste management.

The waste hierarchy moves from the most preferred — waste avoidance, to re-use, recycling, and energy recovery, through to waste disposal, the least preferred.

The principles are:

the "polluter pays principle" — all costs associated with waste management should, where possible, be borne by the waste generator;
the "user pays principle" — all costs associated with the use of a resource should, where possible, be included in the price of goods and services developed from that resource; and
"product stewardship principle" — the producer or importer of a product should take all reasonable steps to minimise environmental harm from the production, use and disposal of the product.
The hierarchy and principles provide the basis for waste management programs that may be required as a condition of approval for an environmentally relevant activity for industry, for voluntary industry waste reduction programs and for State and local waste management plans.
Environmental management decisions under the Waste EPP
The EPP sets out criteria for administering authorities (such as state and local government) to follow when making environmental management decisions concerning waste.
The EPP specifies the contents of environmental management programs relating to waste management issues, required as a condition of approval for an environmentally relevant activity under the Environmental Protection Act 1994.
An industry member, or an entity representing industry, can enter into voluntary industry waste reduction agreements. These agreements are designed to minimise the amount of waste generated, promote efficient and cost effective approaches to waste reduction, and encourage greater responsibility for waste reduction within industries.
The EPP requires State government departments to undertake strategic waste management planning, addressing the waste hierarchy and principles, aimed at reducing costs due to inefficient waste management practices.
Local government are also required to undertake strategic planning for waste management practices, including collection and disposal, in their local government area. This aims to encourage sustainable waste management practices within local government areas, and provide reports providing data on which to base future waste management strategies.

Regulation Summary

The regulation provides provision for the following:

offences for littering, waste dumping, unlawful disposal of hypodermic needles and unlawful activities at waste facilities;
a waste tracking system that collects data on waste generation, transportation and disposal within Queensland and interstate;
requirements for premises generating clinical and related waste, including preparing waste management plans, segregating infectious wastes, appropriate on-site storage and proper disposal;
a framework for managing and ultimately phasing out certain polychlorinated biphenyls;
a procedure for approval of wastes for beneficial reuse;
approval processes for beneficial use of wastes; and
design rules for waste equipment.

Environmental Protection (Interim Waste) Regulation 1996

This provided for the transfer of responsibility for managing waste from Queensland Health to the EPA. It deals with the storage, removal and collection of domestic and commercial waste and requires local government to superintend waste disposal to execution.

Part 2 covers aspects of waste management such as waste containers, waste storage and waste collection services.

Part 3 covers sanitary conveniences and nightsoil disposal.

Part 4 includes notices and prosecution for offences.

Schedules give requirements for closets, pan cabinets and pans.

Environmental Protection (Water) Policy 1997

This has the purpose of achieving the object of the Environmental Protection Act 1994 in relation to Queensland waters.

The purpose is to be achieved by providing a framework for—

identifying environmental values for Queensland waters;
deciding and stating water quality guidelines and objectives to enhance the environmental values;
making consistent and equitable decisions about Queensland waters that promote efficient use of resources and best practice environmental management; and
involving the community through consultation and education, and promoting community responsibility.

Part 3 details the basic concepts including defining qualities from pristine water to suitability for industrial use. It also covers indicators, guidelines, and procedures for sampling, measuring and analysing water samples.

Part 4 sets management goals for waters.

Part 5 details management of activities including decision making, releases to land, water and groundwaters, stormwater, artificial wetlands, biological controls, acid sulfate soils, facilities for ship waste, and monitoring.

Part 6 details control of releases of certain sources of contamination such as from ships, making dumping into a gutter, drain or water an offence, prohibition of build-up of sediment, and use of on-site domestic wastewater treatment systems.

Part 7 provides for the development and implementation of environmental plans for water including plans for managing stormwater, sewage, trade waste, water conservation and for protection of surface and groundwaters.

Part 8 covers some administrative functions including a strategy to educate and inform about water quality management issues and ambient monitoring.

Part 9 provides for an assessment of policy performance.

Schedules list environmental values and objectives for Trinity Inlet waters and definitions.

Environmental Protection (Noise) Policy 1997

This has the purpose of achieving the object of the Environmental Protection Act 1994 in relation to Queensland's acoustic environment. To achieve the object, the policy—

identifies environmental values to be enhanced or protected;
specifies an acoustic quality objective; and
provides a framework for making consistent and fair decisions that best protect Queensland's acoustic environment, resolving disputesabout noise issues, developing noise management programs involving government entities, industry groups and the community, making accurate and consistent noise assessments, and providing customers with important information about noise.

Part 3 covers environmental management decisions including matters for consideration and evaluation, planning levels, requirements for a draft environmental management program, and conditions for a noise management plan.

Part 4 details product labelling requirements.

Part 5 covers noise assessment including prescribed instruments and procedures.

Part 6 details programs to be undertaken to protect environmental values, to inform and involve the community and users, and to review the policy.

Schedule 1 details planning levels for airports, public roads and railways.

Schedule 2 prescribes information for product labelling.

Schedule 3 provides for noise models.

Schedule 4 gives definitions.

Environmental Protection (Air) Policy 1997

This has the purpose of achieving the object of the Environmental Protection Act 1994 in relation to Queensland's air environment.
To achieve the object, the policy—

identifies environmental values to be enhanced or protected;
specifies air quality indicators and goals to protect the environmental values; and
provides a framework for making consistent and fair decisions about managing the air environment and involving the community in achieving air quality goals that best protect Queensland's air environment.

Part 3 covers environmental management decisions including matters for consideration and evaluation, and air pollution dispersion modelling and monitoring of releases.

Part 4 covers management of certain sources of contamination including abatement of unreasonable releases of contaminants, dispute resolution by agreement, processing of complaints, show-cause notices, abatement notices, and reviews of decisions and appeals; solid fuel-burning equipment for domestic use; permitted concentration of lead in petrol for vehicles and permitted concentration of lead or sulfur in liquid fuel for use in stationary fuel-burning equipment.

Part 5 requires a whole-of-government approach to managing the air environment with programs to consult, educate and inform the community; development of a users' guide with information about protocols, deciding air quality goals, risk assessments, impact assessments and monitoring; amendments; offences; and assessment of policy performance.

Schedule 1 states the air quality indicators — carbon monoxide, lead, nitrogen dioxide, ozone, particles and sulfur dioxide — and goals for each.

Schedule 2 is a dictionary of terms used.

Gurulmundi Secure Landfill Agreement Act 1992

This approves and gives effect to an agreement between the State of Queensland, the Brisbane City Council and the Murilla Shire Council about establishing and operating a secure landfill site at Gurulmundi.

It establishes a landfill management committee and gives it power to make by-laws to protect the site, provide and limit access, and regulate conduct.

A schedule details the agreement including its term, committee membership, use of the site, wastes to be disposed of, payments and indemnities and other administrative details.

Gurulmundi Secure Landfill By-law 1992

This authorises committee members and other people, controls entry to the site, bans unauthorised dumping and fires, provides for directions on site and establishes offences and penalties.

National Environment Protection Council (Queensland) Act 1994

This establishes Queensland's participation in the Council. The object is to ensure that, by establishing and operating the Council —

people enjoy the benefit of equivalent protection from air, water or soil pollution and from noise, wherever they live in Australia; and
decisions of the business community are not distorted, and markets are not fragmented, by variations between participating jurisdictions in relation to adopting or implementing major environment protection measures.

The National Environment Protection Council has been incorporated into the Environment Protection and heritage Council.

If you need more information about the Environmental Protection Act 1994 or environmental protection policies contact your local council or Environmental Protection Agency office.

Most Queensland legislation is available online. Electronic versions are not official versions. Authorised printed versions can be obtained from the Queensland Government Printer GOPRINT.

Last updated: 29 January 2008

Legislation

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