Nature Conservation and Other Legislation Amendment Act 2025 (Act No. 19 of 2025)

Nature Conservation and Other Legislation Amendment Act 2025 Nature Conservation and Other Legislation Amendment Act 2025 Act No. 19 of 2025 Queensland An Act to amend the Environmental Protection Act 1994 and the Nature Conservation Act 1992 for particular purposes [Assented to 4 September 2025] Queensland Nature Conservation and Other Legislation Amendment Act 2025 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part 2 Amendment of Environmental Protection Act 1994 Division 1 Preliminary 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 2 Amendments commencing on assent 4 Amendment of s 811 (Proceedings for particular offences relating to particular instruments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 3 Amendments commencing 28 days after assent 5 Insertion of new ch 5, pt 5, div 2, sdiv 1A . . . . . . . . . . . . . . . . . . 5 Subdivision 1A Standard applications—general 169A Approval of standard applications generally . . . . . . . 5 6 Replacement of s 170 (Deciding standard application) . . . . . . . . 6 170 Deciding standard application for mining activity relating to mining lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Replacement of s 177 (Automatic decision for standard application in particular circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Subdivision 3 Deemed decisions 177 Deemed decision for standard application for mining activity relating to mining lease in particular circumstances . 7 8 Replacement of s 195 (Issuing environmental authority or PRCP schedule) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 195 Issuing environmental authority or PRCP schedule . 7 9 Replacement of s 204 (Conditions that must be imposed for standard or variation applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 204 Environmental authorities for standard or variation applications include particular condition . . . . . . . . . . 8 v26 Contents Nature Conservation and Other Legislation Amendment Act 2025 10 Amendment of s 553 (Electronic applications and submissions) 9 11 Insertion of new s 555 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 555 Electronic system for automatically issuing particular environmental authority . . . . . . . . . . . . . . . . . . . . . . . 9 12 Insertion of new ch 13, pt 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Part 34 Validation and transitional provisions for Nature Conservation and Other Legislation Amendment Act 2025 824 Validation of environmental authorities purportedly issued for particular standard applications . . . . . . . . . . . . . . . . . 10 825 Electronic system approved before commencement 11 13 Other amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Part 3 Amendment of Nature Conservation Act 1992 14 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 15 Amendment of s 143A (False or misleading documents) . . . . . . 12 16 Replacement of s 143B (Chief executive may approve use of information system) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 143B Authorisation for automatic dealing with particular authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 143BA Electronic system for automatic dealing with particular authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 17 Amendment of s 143G (Internal review) . . . . . . . . . . . . . . . . . . . 14 18 Insertion of new pt 12, div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 9 Validation and transitional provisions for Nature Conservation and Other Legislation Amendment Act 2025 220 Validation of regulation authorities . . . . . . . . . . . . . . 15 221 Electronic system approved before commencement 16 Schedule 1 Other amendments of Environmental Protection Act 1994 . . 18 v26 Page 2 2025 Act No. 19 Authorised by the Parliamentary Counsel [s 1] Nature Conservation and Other Legislation Amendment Act 2025 Part 1 Preliminary The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Nature Conservation and Other Legislation Amendment Act 2025. 2 Commencement The following provisions commence on the day that is 28 days after the date of assent— (a) part 2, division 3; (b) part 3; (c) schedule 1. Part 2 Amendment of Environmental Protection Act 1994 Division 1 Preliminary 3 Act amended This part amends the Environmental Protection Act 1994. Note— See also the amendments in schedule 1. v26 2025 Act No. 19 Page 3 Authorised by the Parliamentary Counsel [s 4] Nature Conservation and Other Legislation Amendment Act 2025 Part 2 Amendment of Environmental Protection Act 1994 Division 2 Amendments commencing on assent 4 Amendment of s 811 (Proceedings for particular offences relating to particular instruments) (1) Section 811— insert— (2A) A reference in subsection (2) to a proceeding for the offence includes, for an offence against a relevant infringement notice offence provision, a reference to action by way of an infringement notice under the State Penalties Enforcement Act 1999 and, for that purpose, the State Penalties Enforcement Regulation 2014 applies as if it had not been amended by the amending Act. (2) Section 811(3)— omit, insert— (3) Subsections (2) and (2A)— (a) do not limit the Acts Interpretation Act 1954, section 20; and (b) apply despite the Criminal Code, section 11. (3A) Any action under the State Penalties Enforcement Act 1999 taken in relation to a relevant infringement notice offence provision before the commencement of subsection (2A) is taken to be, and to have always been, as valid as if subsection (2A) were in force when the action was taken. (3) Section 811(4)— insert— relevant infringement notice offence provision means a relevant offence provision that, immediately before the commencement of the amending Act, part 4, was mentioned in the State v26 Page 4 2025 Act No. 19 Authorised by the Parliamentary Counsel [s 5] Nature Conservation and Other Legislation Amendment Act 2025 Part 2 Amendment of Environmental Protection Act 1994 Penalties Enforcement Regulation 2014, schedule 1, entry for Environmental Protection Act 1994. Division 3 Amendments commencing 28 days after assent 5 Insertion of new ch 5, pt 5, div 2, sdiv 1A Chapter 5, part 5, division 2— insert— Subdivision 1A Standard applications—general 169A Approval of standard applications generally (1) This section applies if— (a) an applicant makes a standard application, other than an application for a mining activity relating to a mining lease; and (b) the applicant— (i) is a registered suitable operator; or (ii) has, together with the standard application, applied under section 318F to be registered as a suitable operator for carrying out the relevant activity for the application and has been given notice under section 318I(1)(a) stating the application for registration is approved. (2) On the day the decision stage starts, the administering authority is taken to have decided to approve the standard application subject to the standard conditions for the relevant activities for the application. v26 2025 Act No. 19 Page 5 Authorised by the Parliamentary Counsel [s 6] Nature Conservation and Other Legislation Amendment Act 2025 Part 2 Amendment of Environmental Protection Act 1994 Notes— 1 See sections 170 and 177 in relation to a standard application for a mining activity relating to a mining lease. 2 See also section 555 about approval of an electronic system to automatically issue an environmental authority for a standard application mentioned in this section. 6 Replacement of s 170 (Deciding standard application) Section 170— omit, insert— 170 Deciding standard application for mining activity relating to mining lease (1) This section applies for a standard application for a mining activity relating to a mining lease. (2) The administering authority must decide that the standard application be approved subject to the standard conditions for the mining activity. (3) However, the administering authority may decide that the applicant be issued an environmental authority on conditions that are different to the standard conditions if— (a) a properly made submission was made for the standard application relating to the subject of a standard condition for the mining activity; and (b) the conditions are different only in relation to the subject of the standard condition mentioned in paragraph (a). Note— See section 169A in relation to the approval of other standard applications. v26 Page 6 2025 Act No. 19 Authorised by the Parliamentary Counsel [s 7] Nature Conservation and Other Legislation Amendment Act 2025 Part 2 Amendment of Environmental Protection Act 1994 7 Replacement of s 177 (Automatic decision for standard application in particular circumstances) Section 177— omit, insert— Subdivision 3 Deemed decisions 177 Deemed decision for standard application for mining activity relating to mining lease in particular circumstances (1) This section applies for a standard application for a mining activity relating to a mining lease. (2) If the administering authority does not decide the standard application within the period required under subdivision 1 for the application— (a) the administering authority is taken to have decided to approve the application on the standard conditions for the mining activity under section 170(2); and (b) the decision is taken to have been made on the last day of the period. 8 Replacement of s 195 (Issuing environmental authority or PRCP schedule) Section 195— omit, insert— 195 Issuing environmental authority or PRCP schedule (1) This section applies if the administering authority— (a) is taken to have decided to approve a standard application under section 169A; or (b) decides to approve another application for an environmental authority; or v26 2025 Act No. 19 Page 7 Authorised by the Parliamentary Counsel [s 9] Nature Conservation and Other Legislation Amendment Act 2025 Part 2 Amendment of Environmental Protection Act 1994 (c) decides under section 170(3) or 171(2)(b) to issue an environmental authority; or (d) decides to approve a draft PRCP schedule for a proposed PRC plan. (2) The administering authority must— (a) for a decision mentioned in subsection (1)(a), (b) or (c)—issue an environmental authority to the applicant within the period stated in section 196 for the decision; or (b) for a decision mentioned in subsection (1)(d)—issue a PRCP schedule to the applicant within the period stated in section 196 for the decision. 9 Replacement of s 204 (Conditions that must be imposed for standard or variation applications) Section 204— omit, insert— 204 Environmental authorities for standard or variation applications include particular condition (1) This section applies for an environmental authority or draft environmental authority issued for a standard or variation application. (2) The environmental authority is taken to include a condition requiring the holder of the authority to take all reasonable steps to ensure the relevant activity complies with the eligibility criteria for the activity. (3) The condition under subsection (2) is taken to be a standard condition imposed on the environmental authority. v26 Page 8 2025 Act No. 19 Authorised by the Parliamentary Counsel [s 10] Nature Conservation and Other Legislation Amendment Act 2025 Part 2 Amendment of Environmental Protection Act 1994 10 Amendment of s 553 (Electronic applications and submissions) (1) Section 553(1)(b), ‘at a stated email address.’— omit, insert— by using a stated electronic system or sending an email to a stated email address. (2) Section 553(2)— omit, insert— (2) The application or submission may be made by— (a) giving the information required by the approved form by using the stated electronic system; or (b) sending the information required by the approved form to the stated email address in a format substantially similar to the approved form. 11 Insertion of new s 555 After section 554— insert— 555 Electronic system for automatically issuing particular environmental authority (1) An electronic system must not be used to automatically issue an environmental authority for a standard application mentioned in section 169A unless the chief executive approves the use of the system for that purpose. (2) The chief executive must take all reasonable steps to ensure the approved electronic system operates, and continues to operate, in compliance with the requirements of this Act. (3) Subsection (1) does not prevent the approved electronic system being used for another purpose v26 2025 Act No. 19 Page 9 Authorised by the Parliamentary Counsel [s 12] Nature Conservation and Other Legislation Amendment Act 2025 Part 2 Amendment of Environmental Protection Act 1994 relating to the administration of this Act. 12 Insertion of new ch 13, pt 34 Chapter 13— insert— Part 34 Validation and transitional provisions for Nature Conservation and Other Legislation Amendment Act 2025 824 Validation of environmental authorities purportedly issued for particular standard applications (1) This section applies if, before the commencement— (a) a standard application was made for an environmental authority; and (b) the application was purportedly approved under former section 170(2)(a) by the operation of an automated system; and (c) the authority was purportedly issued under former section 195(2)(a) by the operation of an automated system. (2) Both of the following apply— (a) the standard application is taken to have been approved by a decision of the administering authority; (b) the environmental authority is taken to have been issued by the administering authority at the relevant time. v26 Page 10 2025 Act No. 19 Authorised by the Parliamentary Counsel [s 12] Nature Conservation and Other Legislation Amendment Act 2025 Part 2 Amendment of Environmental Protection Act 1994 (3) Anything done or omitted to be done that would have been valid and lawful under this Act or another Act, had the standard application been approved by a decision of the administering authority, and had the environmental authority been issued by the administering authority at the relevant time, is taken to be, and always to have been, valid and lawful. (4) In this section— automated system means an electronic system operated from time to time by a person performing a function under this Act for an administering authority. former, for a provision, means the provision as in force from time to time before the commencement. relevant time, in relation to an environmental authority, means the time the authority was purportedly issued by the operation of an automated system. 825 Electronic system approved before commencement (1) This section applies if— (a) before the commencement, the chief executive approved the use of an electronic system for the purpose of automatically issuing an environmental authority for a relevant standard application; and (b) immediately before the commencement, the approval was in effect. (2) The electronic system is taken to be approved by the chief executive under section 555(1) for the same purpose for the period— (a) starting on the commencement; and v26 2025 Act No. 19 Page 11 Authorised by the Parliamentary Counsel [s 13] Nature Conservation and Other Legislation Amendment Act 2025 Part 3 Amendment of Nature Conservation Act 1992 (b) ending when the chief executive cancels the approval, whether to give a new approval under section 555(1) or otherwise. (3) In this section— relevant standard application means a standard application, other than an application for a mining activity relating to a mining lease. 13 Other amendments Schedule 1 also amends the Environmental Protection Act 1994. Part 3 Amendment of Nature Conservation Act 1992 14 Act amended This part amends the Nature Conservation Act 1992. 15 Amendment of s 143A (False or misleading documents) (1) Section 143A, ‘give to’— omit, insert— give (2) Section 143A— insert— (2) Subsection (1) applies in relation to a document given to an authorised person by any means, including by using an electronic system. Note— See also section 157 in relation to making a false or misleading statement to a conservation officer. v26 Page 12 2025 Act No. 19 Authorised by the Parliamentary Counsel [s 16] Nature Conservation and Other Legislation Amendment Act 2025 Part 3 Amendment of Nature Conservation Act 1992 16 Replacement of s 143B (Chief executive may approve use of information system) Section 143B— omit, insert— 143B Authorisation for automatic dealing with particular authorities (1) A regulation may prescribe any of the following matters— (a) a type of relevant authority that may be automatically issued, given or granted to a person by the operation of an electronic system; (b) a type of relevant authority that may be automatically amended, cancelled or renewed by the operation of an electronic system; (c) the way in which a relevant authority mentioned in paragraph (a) or (b) may be automatically issued, given, granted, amended, cancelled or renewed by the operation of an electronic system. (2) The Minister may recommend to the Governor in Council the making of a regulation prescribing a matter under subsection (1) only if the Minister is satisfied prescribing the matter would not have a detrimental effect on achieving the object of this Act. (3) In this section— prescribed provision see section 141(3). relevant authority— (a) means a licence, permit or other authority under the Act; but (b) does not include a licence, permit or other authority mentioned in a prescribed v26 2025 Act No. 19 Page 13 Authorised by the Parliamentary Counsel [s 17] Nature Conservation and Other Legislation Amendment Act 2025 Part 3 Amendment of Nature Conservation Act 1992 provision for which the chief executive may not, under section 141(2), delegate the chief executive’s powers. 143BA Electronic system for automatic dealing with particular authorities (1) An electronic system must not be used to deal with a relevant authority under a regulation made under section 143B(1) unless the chief executive approves the use of the system for that purpose. (2) The chief executive must take all reasonable steps to ensure the approved electronic system operates, and continues to operate, in compliance with the requirements of this Act. (3) A relevant authority that is automatically dealt with by the operation of the approved electronic system is taken to have been dealt with by a decision of the chief executive. (4) Subsection (1) does not prevent the approved electronic system being used for another purpose relating to the administration of this Act. (5) In this section— deal with, a relevant authority, means issue, give, grant, amend, cancel or renew the authority. relevant authority see section 143B(3). 17 Amendment of s 143G (Internal review) (1) Section 143G(3)— omit, insert— (3) The application may be dealt with only by— (a) for an original decision about a relevant authority taken to be dealt with by a v26 Page 14 2025 Act No. 19 Authorised by the Parliamentary Counsel [s 18] Nature Conservation and Other Legislation Amendment Act 2025 Part 3 Amendment of Nature Conservation Act 1992 decision of the chief executive under section 143BA(3)—an authorised person; or (b) for another original decision—a person who— (i) did not make the original decision; and (ii) holds a more senior office than the person who made the original decision. (2) Section 143G(4), ‘Subsection (3)’— omit, insert— Subsection (3)(b) 18 Insertion of new pt 12, div 9 Part 12— insert— Division 9 Validation and transitional provisions for Nature Conservation and Other Legislation Amendment Act 2025 220 Validation of regulation authorities (1) This section applies if— (a) before the commencement, a regulation authority was purportedly dealt with by the operation of an automated system; and (b) at the relevant time, the authority could have been lawfully dealt with by the chief executive under the relevant Act. (2) The regulation authority is taken to be as valid and lawful as if the authority had been lawfully dealt with at the relevant time by the chief executive v26 2025 Act No. 19 Page 15 Authorised by the Parliamentary Counsel [s 18] Nature Conservation and Other Legislation Amendment Act 2025 Part 3 Amendment of Nature Conservation Act 1992 under the relevant Act. (3) For applying subsection (2), a matter required to have been considered by the chief executive under the relevant Act is taken to have been considered by the chief executive at the relevant time when the regulation authority was dealt with. (4) Anything done or omitted to be done that would have been valid and lawful under this Act or another Act, had the regulation authority been lawfully dealt with, is taken to be, and always to have been, valid and lawful. (5) In this section— automated system means an electronic system operated from time to time by public service employees of the department. dealt with, in relation to a regulation authority, means the authority was issued, given, granted, amended or renewed. regulation authority means a licence, permit or other authority mentioned in a regulation made under the relevant Act. relevant Act, in relation to a regulation authority, means the Act as in force at the relevant time. relevant time, in relation to a regulation authority, means the time the authority was purportedly dealt with. 221 Electronic system approved before commencement (1) This section applies if— (a) before the commencement, the chief executive approved the use of an electronic system for an automated purpose; and v26 Page 16 2025 Act No. 19 Authorised by the Parliamentary Counsel [s 18] Nature Conservation and Other Legislation Amendment Act 2025 Part 3 Amendment of Nature Conservation Act 1992 (b) immediately before the commencement, the approval was in effect. (2) The electronic system is taken to be approved by the chief executive under section 143BA(1) for the same automated purpose for the period— (a) starting on the commencement; and (b) ending when the chief executive cancels the approval, whether to give a new approval under section 143BA(1) or otherwise. (3) In this section— automated purpose means automatically issuing, giving, granting, amending, cancelling or renewing, by the operation of an electronic system, a licence, permit or other authority mentioned in a regulation made under this Act. v26 2025 Act No. 19 Page 17 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation and Other Legislation Amendment Act 2025 Schedule 1 Other amendments of Environmental Protection Act 1994 section 13 1 Chapter 5, part 5, division 2, subdivision 2, heading, ‘Decision’— omit, insert— Other applications 2 Section 175, heading, after ‘application’— insert— for mining activity relating to mining lease 3 Section 178, heading, ‘Automatic’— omit, insert— Deemed 4 Section 179, heading, ‘Automatic’— omit, insert— Deemed 5 Section 181(1), ‘subdivision 2,’— omit. 6 Section 181(2)(b), ‘section 170(2)(b)’— omit, insert— section 170(3) v26 Page 18 2025 Act No. 19 Authorised by the Parliamentary Counsel Schedule 1 Nature Conservation and Other Legislation Amendment Act 2025 7 Section 182(1), ‘section 170(2)(b)’— omit, insert— section 170(3) 8 Section 196(e), after ‘made’— insert— or taken to be made 9 Section 203(3), ‘given’— omit, insert— issued 10 Section 277, heading, ‘Automatic cancellation’— omit, insert— Cancellation 11 Schedule 4, definition registered suitable operator, ‘section 318I(1)(b)’— omit, insert— chapter 5A, part 4 © State of Queensland 2025 v26 2025 Act No. 19 Page 19 Authorised by the Parliamentary Counsel Contents Part 1 Preliminary 1 Short title 2 Commencement Part 2 Amendment of Environmental Protection Act 1994 Division 1 Preliminary 3 Act amended Division 2 Amendments commencing on assent 4 Amendment of s 811 (Proceedings for particular offences relating to particular instruments) Division 3 Amendments commencing 28 days after assent 5 Insertion of new ch 5, pt 5, div 2, sdiv 1A 6 Replacement of s 170 (Deciding standard application) 7 Replacement of s 177 (Automatic decision for standard application in particular circumstances) 8 Replacement of s 195 (Issuing environmental authority or PRCP schedule) 9 Replacement of s 204 (Conditions that must be imposed for standard or variation applications) 10 Amendment of s 553 (Electronic applications and submissions) 11 Insertion of new s 555 12 Insertion of new ch 13, pt 34 13 Other amendments Part 3 Amendment of Nature Conservation Act 1992 14 Act amended 15 Amendment of s 143A (False or misleading documents) 16 Replacement of s 143B (Chief executive may approve use of information system) 17 Amendment of s 143G (Internal review) 18 Insertion of new pt 12, div 9 Schedule 1 Other amendments of Environmental Protection Act 1994