Environmental Protection and Other Legislation Amendment Bill 2022
Plain English Summary
Overview
This bill modernises Queensland's environmental protection laws by amending the Environmental Protection Act 1994 and several related Acts. It streamlines regulatory processes for environmental authorities and impact assessments, strengthens compliance powers for environmental inspectors, creates temporary authority provisions for emergency situations, improves contaminated land management, and bans mining in the Wet Tropics World Heritage Area.
Who it affects
Mining and resource companies face new rehabilitation planning requirements and mandatory public notification for major changes to their environmental approvals. Communities near resource projects gain more say in environmental decisions, and the Wet Tropics rainforest receives stronger legal protection from mining.
Environmental impact statement and authority reforms
The bill makes the environmental impact statement process more efficient by allowing the chief executive to refuse unviable projects earlier, saving time and resources. EIS reports now lapse after three years to ensure they reflect current standards. Public notification is mandatory for all major amendments to resource activity environmental authorities.
- Chief executive can refuse EIS processes at multiple stages if a project is unlikely to proceed under law
- EIS assessment reports lapse after three years, with extensions available
- Mandatory public notification for all major amendments to resource activity environmental authorities
- Environmental authorities for trial or research activities can be issued for up to three years with relaxed application requirements
Emergency environmental authorities
A new temporary authority framework allows businesses affected by emergencies like floods, pandemics, or marine pollution events to continue operating lawfully for up to four months without completing the full environmental authority application process.
- Temporary environmental authorities available during declared emergencies for up to four months
- No application fees for temporary authorities
- Conditions can be imposed to minimise environmental harm during emergencies
Stronger compliance and enforcement
Environmental inspectors gain new tools including body-worn cameras, drones, and criminal history checks. Courts can ban persistent offenders from carrying out activities, and former corporate executives can be held liable for environmental offences that occurred during their tenure.
- Inspectors can use body-worn cameras and drones during investigations
- Courts can ban persistent offenders from specific activities, with penalties of up to 3,000 penalty units or 2 years imprisonment for breaching the order
- Former executive officers can be held liable for environmental offences arising from acts or omissions during their time in office
- Environmental harm thresholds indexed to CPI (material harm from $5,000 to $10,000, serious harm from $50,000 to $100,000)
Contaminated land and auditor reforms
Landowners can now voluntarily request their land be added to the contaminated land register without the formal show cause process. The auditor framework is strengthened with a new complaints process and the ability to amend auditor approvals.
- New voluntary process for landowners to add their land to the contaminated land register
- Chief executive can now amend (not just suspend or cancel) a contaminated land auditor's approval
- Clearer requirements for contaminated land investigation documents
Mining rehabilitation planning
The bill clarifies transitional provisions for progressive rehabilitation and closure plans to ensure mine site rehabilitation obligations work as originally intended, particularly for amalgamated or de-amalgamated environmental authorities.
- New process for changing estimated rehabilitation cost applications
- Clarified PRCP transitional provisions for amalgamated and de-amalgamated environmental authorities
- Pathway for environmental authority holders without approved PRCP schedules to apply for approval
Wet Tropics World Heritage Area protections
Mining is now completely banned in the Wet Tropics World Heritage Area, removing a previous exemption. The Wet Tropics Management Authority must consent to any land subdivision in the area, and cooperative management agreement provisions are clarified.
- Mining and mining exploration prohibited in the Wet Tropics World Heritage Area
- Wet Tropics Management Authority consent required for any land subdivision in the heritage area
- Board director term limit clarified at six consecutive years maximum
Waste management refinements
Correctional facilities and community corrections offices are exempted from the ban on single-use plastics for safety reasons. Decision periods for end-of-waste approvals are aligned and clarified.
- Correctional facilities can use banned single-use plastic items for operational safety
- Decision periods for end-of-waste approval amendments aligned at 20 business days
- Clarified take-effect dates for end-of-waste code amendments
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee12 Oct 2022View Hansard
Referred to Health and Environment Committee
▸Second Reading28 Mar 2023 – 29 Mar 2023View Hansard
▸26 members spoke21 support5 mixed
Supported the bill but raised concerns about the adequacy of consultation with agricultural stakeholders and urged the government to give industry proponents the opportunity to share their credentials and visions for environmental stewardship.
“I hope that proponents and industries are given the opportunity to share their credentials as well as their visions for what they want to contribute to both the state and also environmental management practices.”— 2023-03-29View Hansard
Supported the bill as improving the Environmental Protection Act, praising enforcement officers and expressing confidence that only a Labor government will properly protect Queensland's environment.
“The people of Queensland know that it is always a Labor government that will better protect the environment.”— 2023-03-29View Hansard
Supported the bill's decent measures but argued the government could be doing more, particularly on monitoring coal seam gas extraction limits and groundwater protection in the Cecil Plains area.
“While this bill has some decent measures, the government could be doing more.”— 2023-03-29View Hansard
Supported the bill including the removal of mining exploration exemptions in the Wet Tropics World Heritage Area and the early EIS decision mechanism.
“There is no need to conduct resource exploration in the Wet Tropics because the community would never accept resource projects in the Wet Tropics.”— 2023-03-29View Hansard
Supported the bill while flagging concern about provisions that divest power from the minister to the department, urging caution on that issue.
“While we are supporting this bill, I flag the concern around divesting power from the minister to the department.”— 2023-03-29View Hansard
Supported the bill, highlighting its environmental protections and the Queensland government's record on environmental management.
“It is always great to rise on matters of the environment.”— 2023-03-29View Hansard
Supported the bill as the agriculture minister, addressing concerns about agricultural impacts and commending the committee's recommendations.
“On that basis, I commend the bill to the House.”— 2023-03-29View Hansard
Supported the bill including amendments for stock route management and disaster event clean-up provisions, but criticised the consultation process and non-disclosure agreements imposed on industry stakeholders.
“On that basis, I commend the bill to the House.”— 2023-03-29View Hansard
Supported the bill overall as improving current laws but strongly opposed clauses 4 and 5 which doubled the threshold damage values for serious and material environmental harm, arguing this weakens environmental protection.
“It beggars belief that the decision would come now—30 years later almost—to double those threshold amounts and to peg the threshold to inflation.”— 2023-03-29View Hansard
Supported the bill, praising the provisions for public notification on major amendments to environmental authorities as an important step for transparency and accountability.
“In relation to the provisions around requiring public notification on all major amendments to environmental authorities, this is a really important step forward in terms of public accountability and transparency.”— 2023-03-29View Hansard
Supported the bill but strongly criticised the consultation process involving non-disclosure agreements and lack of transparency, and noted the LNP would move an amendment in consideration in detail.
“We will not be wholly opposing this bill, but we will be moving an amendment in consideration in detail to attempt to bring some genuine common sense into the key part of this bill.”— 2023-03-29View Hansard
Supported the bill including the prohibition of mining in the Wet Tropics World Heritage Area and amendments supporting the management of industrial chemicals.
“I absolutely support that measure 100 per cent.”— 2023-03-29View Hansard
Confirmed broad LNP support for the bill while criticising the shambolic consultation process and defending the need to protect rural and regional industries from excessive regulation.
“As other members have said, we are broadly supportive of the bill.”— 2023-03-29View Hansard
Supported the bill as streamlining administrative processes and cutting red tape for businesses while maintaining environmental protections, including the early EIS decision mechanism.
“This bill will importantly support industry and streamline administrative processes by cutting red tape.”— 2023-03-29View Hansard
Supported the bill's passage but criticised the truncated committee inquiry period and called for fundamental reform to parliamentary processes, noting supporting passage does not mean supporting a system that is failing Queenslanders.
“Supporting its passage does not mean I support a system that is failing Queenslanders.”— 2023-03-29View Hansard
Supported the bill as committee chair, providing detailed overview of the bill's provisions and thanking all contributors to its development.
“I am really proud of our government's environmental credentials.”— 2023-03-29View Hansard
Defended the bill in reply as the minister responsible, addressing concerns raised by members and thanking all contributors to the bill's development.
“I thank all members for their participation in the debate on the Environmental Protection and Other Legislation Amendment Bill.”— 2023-03-29View Hansard
As Minister for the Environment, moved the second reading and outlined the bill's amendments to improve environmental protections, streamline regulatory processes, and ensure the independent environmental regulator has effective tools.
“This bill will support improved environmental protections while also streamlining and clarifying processes to assist interpretation of the legislation, and to improve understanding of obligations owed under the act.”— 2023-03-28View Hansard
Spoke in support of the bill, noting it will support industry, better protect the environment and improve community input and transparency.
“This bill will support industry, it will better protect the environment and it will improve community input and transparency.”— 2023-03-28View Hansard
Spoke in support of the bill's amendments to the Environmental Protection Act to provide for a stronger, more effective environmental regulator.
“It will support the Department of Environment and Science in achieving its objective of environmental protection.”— 2023-03-28View Hansard
Criticised the LNP's approach to environmental issues, noting the difficulty of being the LNP's environment spokesperson.
“Being the LNP's environment spokesperson must truly be the second-worst job in the world.”— 2023-03-28View Hansard
Focused on one particular aspect of the bill - the amendments to director liability provisions in section 493, raising concerns about the impact on company directors.
“I want to make a contribution on one particular aspect of the bill—that is, the amendments to section 493 relating to the director liability provisions.”— 2023-03-28View Hansard
Spoke on the bill's amendments to the Environmental Protection Act, raising concerns about the impact on industry.
“I rise to speak on the Environmental Protection and Other Legislation Amendment Bill 2022.”— 2023-03-28View Hansard
Criticised the government's environmental record, reminding Labor that it was the Beattie and Bligh governments that allowed the Linc Energy underground coal gasification trial.
“I want to remind Labor members opposite that it was the Beattie and Bligh Labor governments which allowed the trial of the underground coal gasification at the Linc Energy site.”— 2023-03-28View Hansard
Rose in support of the bill aimed at amending the Environmental Protection Act.
“I rise in support of the Environmental Protection and Other Legislation Amendment Bill 2022.”— 2023-03-28View Hansard
Criticised the lack of consultation given to the prawn farm industry, particularly Australian Prawn Farmers and Tassal, on the bill's environmental regulation changes.
“I would like to contribute to this debate by outlining the lack of consultation that was given to the prawn farm industry.”— 2023-03-28View Hansard
▸In Detail29 Mar 2023View Hansard
Government amendment No. 1 to clause 2 (Commencement) amending the commencement provisions to accommodate additional sections relating to body-worn cameras and other operational matters.
Government amendment No. 2 to Schedule 1 (Legislation amended) making a technical correction to the cross-referencing of subsections.