Environmental Protection (Chain of Responsibility) Amendment Bill 2016

Overview

This bill amends the Environmental Protection Act 1994 so that when a mining or industrial company collapses or walks away from a polluting site, the government can force the people and companies behind it to pay for the clean-up. It was introduced urgently after several high-profile failures including the Yabulu Nickel Refinery.

Who it affects

Parent companies, executive officers and landowners linked to mining and industrial sites face new financial and clean-up obligations. Queensland taxpayers and communities near abandoned sites are less likely to be left with the bill.

Key changes

• Environmental protection orders can now be issued to 'related persons' such as parent companies, directors and landowners, not just the company operating the site
• Related persons can be ordered to prevent harm, rehabilitate the land or provide a bank guarantee, and can be made jointly and severally liable
• A court cannot stay a decision on how much financial assurance a company must provide unless at least 85% of that amount has been lodged as security
• A court must refuse to stay an environmental protection order if there is an unacceptable risk of serious or material environmental harm
• Authorised officers can enter sites where the environmental authority has ended, and people can be compelled to answer questions about suspected offences (with use immunity)