Environmental Protection (Powers and Penalties) and Other Legislation Amendment Bill 2024
Plain English Summary
Overview
This bill strengthens Queensland's environmental protection laws by modernising the powers and penalties available to regulators and creating new obligations for polluters. It implements recommendations from a 2022 independent review that found existing tools were too reactive, and introduces proactive measures including a new duty to restore contaminated environments and an offence for breaching the general environmental duty.
Who it affects
Businesses carrying out environmentally relevant activities face new offences and stronger penalties, while communities near industrial sites gain better protections through proactive harm prevention and a legal requirement for polluters to clean up after themselves.
Key changes
- New offence for breaching the general environmental duty where serious or material environmental harm is caused or likely, with penalties up to 4,500 penalty units or 2 years imprisonment
- New duty to restore the environment requiring polluters to clean up contamination they cause, backed by criminal penalties for non-compliance
- Three existing compliance tools (environmental protection orders, direction notices, and clean-up notices) consolidated into a single environmental enforcement order for faster regulatory responses
- Environmental nuisance can now be reclassified as serious or material environmental harm, allowing the state government to step in on significant cases
- Expanded duty to notify of environmental harm to include situations where a person should reasonably have known about the harm
- Key environmental principles (precautionary, polluter pays, proportionality, primacy of prevention) formally embedded in the Act
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee13 Feb 2024 – 11 June 2024View Hansard
Referred to Health and Environment Committee
▸Second Reading2 May 2024 – 11 June 2024View Hansard
▸18 members spoke13 support1 oppose4 mixed
Will not oppose the bill but raised concerns about sovereign risk, regulatory uncertainty for industry, and the need for proper consultation with stakeholders.
“I rise to contribute to the debate on the Environmental Protection (Powers and Penalties) and Other Legislation Amendment Bill 2024. The LNP will not be opposing this bill.”— 2024-06-11View Hansard
Moved the second reading as minister. Defended the bill as implementing the independent Jones and Hedge review to modernise environmental protection, particularly addressing persistent odour issues in Ipswich communities.
“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
Supported the bill as necessary to strengthen environmental protections and increase penalties for environmental offences.
“Our natural environment is fundamental to our way of life and something I am deeply passionate about protecting for current and future generations of Queenslanders.”— 2024-06-11View Hansard
Confirmed the LNP will not oppose the legislation. Acknowledged the reforms are needed, particularly for the people of Ipswich, but raised concerns from stakeholders about potential overreach against environmental authority holders and a lack of trust in the government.
“From the outset, I will confirm that the Liberal National Party will not be opposing this legislation.”— 2024-05-02View Hansard
Opposed the bill, arguing it creates sovereign risk, excessive regulatory burden on industry, and gives too much power to the department without adequate oversight.
“The bill, as it stands, creates significant sovereign risk for Queensland and poses a direct threat to our state's economic competitiveness.”— 2024-06-11View Hansard
As committee chair, supported the bill's sensible changes including streamlined environmental enforcement orders and improved environmental principles. Noted the committee recommended the bill be passed.
“These are sensible changes. I commend the bill to the House.”— 2024-05-02View Hansard
Supported the bill as vital for protecting Queensland's environment and ensuring polluters face appropriate consequences.
“This bill sends a clear message: if you pollute, you will pay.”— 2024-06-11View Hansard
Welcomed some improvements but struggled to support the bill because the government did not adopt the key recommendation giving the chief executive power to amend historical environmental authorities that are causing ongoing harm to communities, including her Noosa electorate.
“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 called for stronger enforcement measures, arguing the government needs to do more to hold polluters accountable.
“The Greens will be supporting this bill, but we think it could and should go further.”— 2024-06-11View Hansard
Supported the bill as demonstrating the government's commitment to protecting communities and the natural environment through contemporary regulatory tools.
“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
Supported the bill, highlighting the importance of stronger environmental protections for communities affected by pollution.
“This bill is about making sure that those who damage our environment are held to account.”— 2024-06-11View Hansard
Did not oppose the bill but raised concerns about the lack of meaningful consultation, potential overreach against agricultural operators and primary producers, and the bill's impact on pork producers, canegrowers and lot feeders.
“I do not oppose the bill.”— 2024-05-02View Hansard
Acknowledged the bill's environmental objectives but raised concerns about the impact on industry and the need for balanced regulation.
“Whilst we acknowledge the intent of this legislation, there are legitimate concerns from stakeholders about the practical implementation of these measures.”— 2024-06-11View Hansard
Supported the bill as a former environment minister, emphasising the need for stronger tools to protect Queensland's environment.
“This bill gives our environmental regulators the tools they need to do their job effectively.”— 2024-06-11View Hansard
Cautioned about the expanded powers in the bill and their potential impact on agricultural and mining operations, while not opposing the bill overall.
“We need to be very careful that in our desire to protect the environment we do not inadvertently harm the industries that are the backbone of our regional communities.”— 2024-06-11View Hansard
Supported the bill, noting the importance of environmental protection for regional Queensland communities.
“Our environment is not just something we enjoy—it underpins our economy and our way of life.”— 2024-06-11View Hansard
Supported the bill, highlighting the importance of environmental protection for Indigenous communities and far north Queensland.
“The protection of our natural environment is deeply important to the communities I represent in far north Queensland.”— 2024-06-11View Hansard
As the minister responsible, defended the bill in reply and moved that it be read a second time.
“This bill delivers on our commitment to Queenslanders to strengthen environmental protections and ensure those who damage our environment face real consequences.”— 2024-06-11View Hansard