Environmental Protection Regulation 2008
On 1 January 2009, the new Environmental Protection Regulation 2008 will commence and will change the way some environmental matters are managed in Queensland.
The new Regulation was made by the Governor in Council on 6 November 2008 and will replace the Environmental Protection Regulation 1998.
This Regulation will continue to provide for assessing and managing activities that cause point source pollution. These include industrial, commercial, mining, intensive animal and municipal operations.
The new approach is based on evidence and the potential to cause environmental harm. The objective of the new Regulation is to protect Queensland's unique environment from point source pollution while allowing ecologically sustainable development, by ensuring:
- effective regulation of environmentally relevant activities;
- effective regulation of environmental nuisance; and
- effective implementation of national agreements.
The key changes include:
- an updated list of environmentally relevant activities (ERAs) that will require regulation;
- a new fee structure for ERAs based on environmental emissions; and
- broader responsibility for local government, who will now manage matters related to environmental nuisance (from both commercial and residential) and minor water pollution.
In February and March 2008, the former Environmental Protection Agency publicly consulted on the changes through a Regulatory Impact Statement and draft Public Benefit Test for the review of the Environmental Protection Regulation 1998. Stakeholder submissions were taken into account when developing the new Regulation.
The Environmental Protection Regulation 2008 is available on the Queensland Legislation website as follows:
- Environmental Protection Regulation 2008
- Explanatory Notes for the Environmental Protection Regulation 2008
- Regulatory Impact Statement for the Environmental Protection Regulation 2008
Further information and other related documents include:
- Information sheet on the Environmental Protection Regulation 2008;
- Environmentally relevant activities - comparative table;
- Ready reckoner - Environmental Protection Regulation;
- Deleted environmentally relevant activities;
- Summary of annual fees for environmentally relevant activities (ERAs)
- Fees for permits for environmentally relevant activities (ERAs)
- Paying a reduced annual fee
- Environmental Services offices - contact details and Council areas
- Improving protection for Queensland's environment: the Environmental Protection Regulation 2008
- Noise, odour, dust: making a complaint.
In addition the following documents from the public consultation for the Environmental Protection Regulation 2008 are available:
- The Final Public Benefit Test, which addresses the impacts of the proposed Environmental Protection Regulation 1998. The former Environmental Protection Agency publicly consulted with a wide variety of industries in order to assess the impact of the proposed options; and
- The Consultation Report on the Regulatory Impact Statement and Draft Public Benefit Test provides an analysis of submissions received during public consultation between 1 February and 28 March 2008 as part of the review of the Environmental Protection Regulation 1998.
Note: Some recent amendments to the Environmental Protection Act 1994 also commence on 1 January 2009. These amendments largely facilitate the new Environmental Protection Regulation 2008 but also include new requirements for clean up and cost recovery actions following contamination incidents.
The Environmental Protection and other Legislation Act 2008 (No 2) carried these recent changes to the Environmental Protection Act 1994 and is available on the Queensland Legislation website as follows:
- Environmental Protection and Other Legislation Amendment Act (No.2) 2008
- Explanatory Notes for Environmental Protection and Other Legislation Amendment Act (No.2) 2008
Last updated: 10 June 2009


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