On 12 October 2022, the Environmental Protection and Other Legislation Amendment Bill 2022 (Qld) (Bill) was introduced to Queensland Parliament. If passed, the Bill will amend 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).
The proposed changes to the EP Act will have broad application to all individuals and industries. The changes also specifically target environmental authorities (EAs) and related processes for resource activities. We have summarised the key changes to the EP Act below.
Compliance and enforcement changes
The Bill would:
- increase monetary thresholds for material environmental harm and serious environmental harm to $10,000 and $100,000 respectively. This doubles the current thresholds. The thresholds would then be adjusted annually by CPI;
- clarify that executive officer liability applies to any officer that was in office at the date an act happened that eventually results in an offence (even if the offence only 'crystalises' after they leave office). This responds to a 2021 Court of Appeal decision in relation to Linc Energy executives; and
- authorise Department of Environment and Science (DES) officers to use body-worn cameras when exercising relevant powers under the EP Act.
Changes to EIS process
A number of changes are proposed to the environmental impact statement (EIS) process, including to:
- provide new decision points for the chief executive to refuse further consideration of an EIS if satisfied that the project would contravene the EP Act or some other law. Proponents may resubmit draft terms of reference to remedy the identified issues; and
- provide that EIS assessment reports will expire if an application for an EA is not made within 3 years. The chief executive may extend this before the report lapses.
Changes to ERC process
The Bill introduces various changes to the estimated rehabilitation cost (ERC) process in an attempt to remedy administrative issues, including to:
- allow DES to extend the ERC information request period by a maximum of 10 business days without the applicant’s agreement. The applicant may then agree to further extensions; and
- introduce a process to amend an ‘on foot’ ERC decision application. An applicant would only be able to make one change to the application.
Changes to PRCP process
The Bill addresses gaps in the existing transitional provisions for progressive rehabilitation and closure plans (PRCPs). For example, if an EA holder has not received or has failed to comply with a PRCP transition notice, there is currently no pathway for the holder to obtain an approved PRCP. The Bill would allow these persons to make an application for approval within 5 years from commencement.
Public notification for resource activity EA amendments
The Bill would require public notification of all major EA amendment applications for resource activities. DES currently has discretion to not require public notification if satisfied that there is not likely to be a substantial increase in the risk of environmental harm.
Temporary and trial projects
The Bill introduces streamlined approval processes for trial, research and innovative activities.
Next steps
The Bill has been referred to the Health and Environment Committee. Submissions on the Bill close at 9am on 26 October 2022.
As always, we are able to assist your business to understand these changes and their impact on your projects. We can also assist if you would like to make or contribute to a submission to the Committee.
