Environmental Protection (Powers and Penalties) and Other Legislation Amendment Bill 2024
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Health and Environment Committee
▸18 members spoke13 support1 oppose4 mixed
Supported the bill's implementation of the Jones and Hedge review recommendations, while noting stakeholder concerns about lack of consultation and unintended consequences of the polluter pays principle.
“Whilst the opposition will not oppose the bill, for too long our environment has suffered because the Miles Labor government has not followed through on its promises.”— 2024-06-11View Hansard
As the Minister introducing the bill, strongly supports it as implementing the government's commitment to the independent review recommendations, enhancing environmental protections while supporting industry compliance.
“This bill fulfils the government's commitment to implement the recommendations of the independent review of the Environmental Protection Act 1994 led by retired judge Richard Jones and barrister Susan Hedge.”— 2024-05-02View Hansard
Strongly supported the bill as an advocate for the Ipswich community affected by waste odours. Criticised the LNP for abolishing the waste levy in 2012 and attempting to repeal it again in 2019.
“Waste operators and composters in particular have burned their social licence in our community because they treat our community with zero respect and they have zero social licence.”— 2024-06-11View Hansard
As shadow environment minister, confirmed the LNP will not oppose the legislation but raised significant concerns about trust issues with the government and the treatment of environmental authority holders.
“From the outset, I will confirm that the Liberal National Party will not be opposing this legislation. The bill includes a lot of administrative changes to Queensland's environmental protection laws.”— 2024-05-02View Hansard
Opposed the bill, arguing the tougher enforcement approach creates unacceptable sovereign risk for industry. Raised concerns about vague terminology, lack of regulatory impact assessment, and the potential to wipe out sectors like waste and recycling.
“Overall, I believe the bill's tougher and more punitive approach is both unnecessary and inappropriate, particularly when the potential cost to businesses and individuals is likely be substantial.”— 2024-06-11View Hansard
As committee chair, supports the bill as containing sensible changes to environmental protection, emphasising the streamlined compliance tools and the polluter pays principle.
“These are sensible changes. I commend the bill to the House.”— 2024-05-02View Hansard
Supported the bill as an Ipswich MP who has experienced the odour impacts firsthand. Noted the bill shifts focus to proactive prevention of environmental harm and provides stronger enforcement tools.
“Everyone has a right to enjoy being in their backyard without feeling nauseated by the disgusting odours emanating from those composting facilities.”— 2024-06-11View Hansard
Welcomes some aspects of the bill but is deeply concerned that the government did not adopt the vital recommendation giving the chief executive power to amend historical environmental authorities, which is needed to protect her community from quarry impacts.
“Normally I would support a bill such as this. However, I am really struggling given that the government has not adopted the vital recommendation regarding the chief executive power to amend those historical authorities in dire situations.”— 2024-05-02View Hansard
Supported the bill but raised concerns about the department's track record of not using existing enforcement tools and called for an independent, well-resourced environmental protection agency.
“What we desperately need in Queensland is an independent, well-resourced environmental protection agency.”— 2024-06-11View Hansard
Supports the bill as demonstrating the government's commitment to protect the community and Queensland's natural environment through contemporary and effective regulatory powers.
“This bill will improve existing tools and regulatory processes, allowing for firmer and faster action against polluters to ensure that we are better protecting both the environment and the community's health and wellbeing.”— 2024-05-02View Hansard
Strongly supported the bill as an Ipswich MP who has advocated on the odour issue since 2015. Detailed the health impacts on residents and the government's enforcement actions against noncompliant operators.
“If a company operates close to a residential area, they have a corporate responsibility to not do harm to nearby residents. If they cannot adapt to community expectations then they should move on.”— 2024-06-11View Hansard
Does not oppose the bill but raised extensive concerns about lack of consultation, potential overreach affecting agricultural producers, and the government's poor treatment of landholders and primary producers.
“Across the board—it does not matter what the legislation is—the issue, the concern, the constant refrain is that this government fails to conduct meaningful consultation. This bill is no different.”— 2024-05-02View Hansard
Did not oppose the bill but raised concerns about regulatory overreach and lack of consultation, noting stakeholders' deep mistrust of the government. Acknowledged the need for environmental accountability.
“Ultimately, those who damage our environment must be held accountable to ensure the preservation of our natural resources for future generations.”— 2024-06-11View Hansard
Supported the bill, welcoming the new duty to restore the environment and the consolidation of enforcement tools into a single environmental enforcement order.
“Proactive action to restore the environment when harm does occur is, of course, very important.”— 2024-06-11View Hansard
Did not oppose the bill but raised concerns about how enforcement powers have been used against farmers, citing a constituent whose property was restricted due to an endangered cycad that was actually thriving because of farming activities.
“These kinds of provisions need to be exercised with great care. It is an onerous burden for public officials to be able to make orders, require people to incur costs and stop doing what they are doing.”— 2024-06-11View Hansard
Supported the bill, noting its importance for the Mackay region where a new state development area is being established near residential areas.
“With the correct legislation in place, we can develop our manufacturing and business use to meet modern needs without unduly impacting on the lives of people living and working in the areas.”— 2024-06-11View Hansard
Supported the bill, highlighting the need for contemporary environmental protections in Far North Queensland where increased tourism and development pose growing risks to the natural environment.
“Our environment is our greatest asset, and we should be doing everything to protect our environment.”— 2024-06-11View Hansard
As minister, delivered the reply speech defending the bill's consultation process and correcting opposition claims. Emphasised the bill is part of a five-point action plan for the Ipswich odour issues.
“This bill is just one part of a five-point action plan that our government is implementing to address these issues in Ipswich.”— 2024-06-11View Hansard
Plain English Summary
Overview
This bill modernises Queensland's environmental protection enforcement by consolidating three types of compliance notices into one 'environmental enforcement order', creating new offences for breaching environmental duties, and requiring polluters to restore contaminated environments. It implements recommendations from an independent review to make environmental regulation more proactive rather than reactive.
Who it affects
Businesses conducting environmentally relevant activities face stronger obligations and penalties, while communities near industrial sites gain better protections from pollution and faster clean-up of contamination.
Key changes
- Creates a single 'environmental enforcement order' replacing environmental protection orders, direction notices, and clean-up notices
- Makes it an offence to breach the general environmental duty if serious or material environmental harm is caused or likely (maximum 4,500 penalty units or 2 years imprisonment)
- Establishes a new 'duty to restore' requiring anyone causing contamination to rehabilitate the environment as soon as reasonably practicable
- Embeds the polluter pays principle, precautionary principle, and primacy of prevention as core guiding principles
- Expands notification duty to include situations where a person 'ought reasonably to have become aware' of environmental harm
- Recognises that environmental nuisance can constitute serious or material environmental harm in appropriate cases