Fewer approvals, faster projects: QLD's environmental reforms

4 minute read 20.04.2026 Tim Hanmore, Rachel Hoch

Major reforms to the Environmental Protection Act 1994 (Qld) introduce ERA codes, expanded enforcement powers and simplified approvals. Here's what the changes mean for your project.

Key takeouts

The Bill introduces ERA codes as a new regulatory tool. Complying with an ERA code removes the need for an EA, with more than 30% of existing EAs potentially suitable for conversion to code-managed ERAs.

Enforcement timeframes extended to two years from the commissioning of the offence and up to three years for serious offences. The potential to extend based on the subjective 'complainant's knowledge' trigger is removed.

The Bill streamlines environmental approvals by removing the PIE process for PRCPs, removing three-yearly PRCP audit requirements, and recognising IARs under the SDPWO Act as meeting EIS requirements under the EP Act.

The Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment Bill 2025 (Qld) (Bill) proposes wide-ranging reforms to reduce green tape.

The Bill was introduced to Parliament on 20 November 2025 and the Health and Environment Committee released its report on 30 January 2026 recommending that Parliament pass the Bill. Parliament sits again from 12 to 14 May 2026, when the Bill will likely progress through the second reading.

The key changes proposed by the Bill are summarised below.

Introducing ERA codes

Proponents are currently required to hold an environmental authority (EA) to carry out an ‘environmentally relevant activity’ (ERA). The Bill introduces a regulation-making power for the declaration of code-managed ERAs.

A regulation may declare an ERA to be a code-managed ERA if the Minister is satisfied that:

the risk of environmental harm that may be caused by the carrying out of the activity is known; and
the environmental harm can be effectively prevented, minimised, rehabilitated or remediated, by requiring compliance with an ERA code.

Complying with an ERA code removes the need for an EA. The Bill offers flexibility for proponents to decide how their activities will be regulated:

an opt-out scheme means that ERA codes will not automatically apply to:
- pre-authorised activities; or
- any EA applications not decided upon commencement of an ERA code; and
proponents may apply for an EA instead of operating under the conditions prescribed by the relevant ERA code.

The 'Technical Report: Environmental Risk of Resources Activities', together with comprehensive consultation, will inform which ERAs are suitable for conversion to an ERA code. Of the 9,300 EAs currently administered by the Department of the Environment, Tourism, Science and Innovation (Department), more than 30% may be suitable for conversion.

Small-scale mining activities

Small-scale mining activities will be transitioned to a code-managed ERA under the Bill.

Once the ERA code is made, all new small-scale mining activities must operate under the code or obtain an EA. For pre-existing small-scale mining activities, a 12-month transition period will apply. During that time, operators must notify the Department of their intention to either operate under the ERA code or obtain an EA.

Financial sureties provided by existing small-scale mining tenure holders under the Mineral and Energy Resources (Financial Provisioning) Act 2018 (Qld) will be released by the scheme manager.

Enforcement: expanded powers and longer timeframes

The Bill broadens existing seizure and forfeiture powers and introduces new offences to the Environmental Protection Act 1994 (Qld) (EP Act), including offences for contravening a seizure requirement, interfering with a seized thing, carrying out a code-managed ERA without registering, and contravening an ERA code.

The Bill extends the period during which the Department may pursue investigative and non-litigious enforcement actions before commencing court proceedings:

to two years after the commission of the offence (previously one year); and
for more complex and serious offences, termed 'relevant summary proceedings':
- to three years after the commission of the offence; or
- if an enforceable undertaking has been made, within two years after the enforceable undertaking is contravened or withdrawn.

A 'relevant summary proceeding' means a summary prosecution of an indictable offence under the EP Act or an offence against specified provisions, including the general environmental duty (section 319), contravention of EA conditions (section 430(3)), and offences of causing serious or material environmental harm or environmental nuisance (sections 437, 438 and 440).

While proponents may need to manage litigation risk for longer, the Bill provides greater certainty by removing the subjective ‘complainant’s knowledge’ criteria which permitted the Department to commence proceedings based on when it became aware of the offence.

Lost deeming provision

Section 19A(2) of the EP Act provides that a resource activity is taken to be comprised of ancillary activities that are also ERAs and the other activities carried out under the EA as a resource activity. Section 19A of the EP Act is set to be removed under the Bill and replaced by a new section 20A, which does not include an equivalent sub-section.

The loss of section 19A(2) may have unintended consequences for existing resource EA holders, for example where the EA may not separately identify every ERA carried out on site, and will sharpen the focus on all future applications, which will need to ensure that all ERAs are specified.

The change reflects the Department's long-held policy position that resource EA applicants and holders should ensure all ERAs are carefully listed.

Streamlining measures

The Bill will also introduce some streamlining measures, which will be welcomed by industry:

Removes the public interest evaluation (PIE) process for progressive rehabilitation and closure plans (PRCPs) and replaces it with defined 'public interest considerations' to be addressed by the applicant
Removes the requirement for three-yearly PRCP schedule audits, with the Department instead empowered to require audits by notice
Removes the requirement for public notification of draft terms of reference for an environmental impact statement (EIS) under the EP Act
Recognises an impact assessment report (IAR) completed under the State Development and Public Works Organisation Act 1971 (Qld) (SDPWO Act) as meeting EIS requirements under the EP Act, meaning that an IAR will satisfy the information and notification stages for an EA application where the relevant activities were publicly notified under the SDPWO Act.

This change may attract more proponents to the IAR pathway, as it removes the previous tension between streamlining notification requirements on the one hand and assessment requirements on the other.

Significant environmental values

The Bill provides a consolidated list of Significant Environmental Values (SEVs) to guide the identification of ERAs and the administration of the EP Act. The Minister may declare an SEV if satisfied that the environmental value or an area that has environmental values is of State interest and should be protected under the EP Act.

Other amendments

The Bill amends the:

Waste Reduction and Recycling Act 2011 (Qld) to align timeframes for the commencement of summary proceedings and provisions concerning seizure of property;
Nature Conservation Act 1992 (Qld) to clarify the definition of 'protected area' and to provide investigation powers for conservation officers;
Water Act 2000 (Qld) to clarify timelines for preparation of underground water impact reports and matters related to 'make good' agreements; and
Forestry Act 1959 (Qld) and the Recreation Areas Management Act 2006 (Qld) to deliver a single integrated permission for tourism activities on protected areas, State forests, recreation areas and State marine parks under the government's Destination 2045 tourism plan.

Get in touch with our team to discuss how these reforms may impact your project.