Key changes

Our previous update on the introduction of broad environmental reform bill by the Queensland government sets out a summary of the key changes proposed by the Bill. As the Bill was passed without material amendments on 29 March 2023, many stakeholders will be familiar with the changes to the Environmental Protection Act 1994 (QLD) (EP Act), Waste Reduction and Recycling Act 2011 (QLD), Wet Tropics World Heritage Protection and Management Act 1993 (QLD) and Land Title Act 1994 (QLD).

All amendments to the EP Act commenced on 5 April 2023, other than provisions authorising the Department of Environment and Science (DES) officers use of body-worn cameras (which will commence on a date to be declared).

As set out in our previous update, the Amendment Act, amongst other things, introduces:

• in response to the Linc Energy proceedings, amendments to executive officer liability provisions to expressly capture persons in office at the date an act happened that eventually results in an offence (even if the offence only 'crystalises' after they leave office);
• a number of changes to the environment impact statement (EIS) process, including early refusal of clearly unacceptable projects;
• various changes to the estimate rehabilitation cost (ERC) process to remedy administrative issues; and
• pathways to address gaps in the existing transitional provisions for progressive rehabilitation and closure plans (PRCPs), including allowing proponents who have not received a PRCP transition notice to make an application for approval within 5 years from commencement (being 5 April 2028).

Executive officer liability

The Health and Environment Committee Report on the Bill, tabled on 25 November 2022, noted concerns raised by submitters on possible unintended consequences of the expanded executive officer liability provisions, including that the corresponding defences should also be expanded. The Committee recommended that these issues be addressed in the second reading speech.

In her second reading speech, the Minister for the Environment noted the Committee's recommendation but stated that the defence provisions did not require amendment. The Minister's position was that the amendments sought only to "ensure that the provisions operate as has always been intended" and therefore that the existing defences would be available to all executive officers.

Next steps

Now that the Amendment Act is in force, some practical issues which stakeholders should be aware of include:

• If, by 5 April 2023, DES had not made an assessment level decision for any environmental authority amendment application for a resource activity, the application will need to be publicly notified if it is a major amendment. The revised major and minor amendments guideline, set to be released in the coming weeks, should be reviewed carefully to understand any changes in major amendment triggers and to ensure compliance with the new notification requirement.
• For an EIS process commenced after 5 April 2023, if 3 years have passed since the day after the chief executive gave a proponent an EIS assessment report and no EA application has been made, the EIS assessment report for the project will now lapse.

We are able to assist your business to understand these changes and their impact on your projects.