Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment Bill 2025
Plain English Summary
Overview
This bill rewrites parts of Queensland's environmental laws with the stated aim of cutting red tape and modernising how activities affecting the environment are regulated. Its centrepiece is a new 'code' system that lets lower-risk activities operate by following standard rules instead of holding an individual licence, alongside changes to mine rehabilitation, prosecution powers, groundwater rules and tourism permits. It amends more than a dozen Acts, so it bundles several distinct reforms together.
Who it affects
Mining, gas and resources operators, nature-based tourism businesses, and bore owners living near resource projects are most directly affected. The wider public is affected by stronger environmental enforcement powers but also the removal of some public-comment steps.
Code-managed environmental activities
The bill creates 'ERA codes' so certain lower-risk environmentally relevant activities can be carried out by following a standard code rather than applying for an individual environmental authority. It also resets how activities are classified, requiring them to be prescribed by regulation based on environmental risk, and introduces the concept of 'significant environmental values'.
- Lower-risk activities can operate under a standard code instead of holding an individual environmental authority
- Operators can opt out and keep their existing authority by notifying the regulator within 12 months of a new code starting
- Wilfully breaching an ERA code carries a maximum penalty of 1,665 penalty units (600 for a non-wilful breach)
- A new list of 'significant environmental values' will guide what the government prioritises protecting
Small scale mining and surety refunds
Small scale mining activities move onto the new code system over a 12-month transition. The requirement for these operators to lodge a financial surety is removed, and existing sureties held under the Financial Provisioning Scheme will be refunded.
- Small scale mining transitions to code management instead of 'prescribed conditions'
- Financial surety is no longer required for these activities
- Over 3,000 existing financial sureties are expected to be refunded
- Existing conditions are intended to carry over so operators can continue business as usual
Mine rehabilitation and assessment streamlining
The bill refines progressive rehabilitation and closure plan (PRCP) rules, makes the previously mandatory three-yearly audits discretionary, and removes duplicated steps in environmental impact statement and public interest evaluation processes, including recognising assessments done under the State Development and Public Works Organisation Act.
- Mandatory three-yearly PRCP audits become discretionary, targeted at higher-risk sites
- The separate public interest evaluation process is removed (its considerations move into the PRCP application)
- The duplicate requirement to publicly notify draft terms of reference for environmental impact statements is removed
- Coordinator-General impact assessment reports can satisfy later environmental authority requirements to avoid duplication
Compliance and enforcement powers
Regulators get more time to investigate and prosecute, plus stronger powers over evidence and property connected to offences, under both the Environmental Protection Act and the Waste Reduction and Recycling Act.
- Time limit to start summary prosecutions extended from one to two years (three years for serious, complex offences)
- Courts can order forfeiture of property used to commit an environmental offence
- Regulators can keep seized evidence for the duration of proceedings and any appeal
- New offences for interfering with seized things carry up to 165 penalty units
Groundwater impacts and 'make good' protections
The bill updates how underground water impacts from mining and gas are reported and managed, and strengthens protections for bore owners. Underground water impact reports move to a five-year cycle, baseline assessment strategies are introduced for cumulative management areas, and bore owners gain a new right to request a bore assessment.
- Bore owners can apply to have a resource company directed to assess their bore, with review and appeal rights
- 'Make good' agreements are clarified, with a cooling-off period and limits on what counts as part of the agreement
- Tenure holders must report annually on make good obligations, with penalties up to 500 penalty units for failing to do so
- Underground water impact reports move from a three-year to a five-year cycle
Single tourism permit
Tourism operators working across protected areas, State forests, State marine parks and recreation areas can apply for one 'single integrated permission' covering all relevant locations, with a single fee and expiry date. This delivers a commitment in the government's Destination 2045 tourism plan.
- One integrated permit can cover parks, State forests, marine parks and recreation areas
- A single fee and single expiry date instead of multiple separate permits
- Recreation area commercial activity permit terms increase from 3 to 5 years and become transferable
- Operators can still choose to apply for separate permits if they prefer
Conservation officer planning powers
Nature Conservation Act officers gain investigation, entry, search and seizure powers for Planning Act offences where they relate to protected wildlife and habitat, currently applying to koala habitat. This brings their powers into line with comparable frameworks. The bill also clarifies the meaning of 'protected area'.
- Conservation officers can investigate and enforce planning offences affecting protected wildlife and habitat (e.g. koala habitat)
- Officers can enter and search places, and stop and search vehicles, boats and aircraft for these offences
- Evidence can be seized and kept for up to 6 months, longer if a prosecution starts
- The dictionary is updated to clarify the context-specific meaning of 'protected area'
Bill Journey
Committee report tabled
Referenced Entities
Legislation
Organisations
Programs & Schemes
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards
Source Documents
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