Environmental Protection Regulation 1998

1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Chapter 2 Environmental impact statements Part 1 Preliminary

4 Types of project requiring Commonwealth or State authority approval 15 Part 2 EIS process

5 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

6 Prescribed matters for draft terms of reference—Act, s 41(2)(d) . 16

7 Prescribed matters for TOR notice and EIS notice—Act, ss 42(2)(f) and 52(1)(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

8 Prescribed way for publishing TOR notice and EIS notice . . . . . . 17

9 Prescribed matters for EIS assessment report—Act, s 59(e). . . . 17

10 Other requirements for EIS process . . . . . . . . . . . . . . . . . . . . . . . 18 Part 3 Prescribed periods for chapter 3 of the Act

11 Period to advise chief executive about draft terms of reference—Act, s 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

12 Period for finalising terms of reference—Act, s 46 . . . . . . . . . . . . 19

13 Period for deciding whether EIS may proceed—Act, s 49 . . . . . . 19 Chapter 3 Environmentally relevant activities Part 1 Environmentally relevant activities—general matters Division 1 Preliminary

14 What is the aggregate environmental score for an environmentally relevant activity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

15 Meaning of scheduled area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

16 Meaning of concurrence ERA . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Environmental Protection Regulation 2008 Contents Division 2 Prescribed activities

17 Activities prescribed as environmentally relevant activities—general 22

17A Activities prescribed as extractive activities—Act, s 120 . . . . . . . 22 Division 2A Amount and form of financial assurance for environmental authorities

17B Guideline prescribed—Act, ss 294 and 295 . . . . . . . . . . . . . . . . . 22 Division 3A Development application relating to concurrence ERAs

19B Application of div 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

19C Assessing application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 4 Other matters

21 Untreated clinical waste disposal . . . . . . . . . . . . . . . . . . . . . . . . . 23 Part 1A Agricultural ERAs Division 1 Fertiliser application requirements

22B Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

22C Prescribed methodology for optimum nitrogen and phosphorus amounts—Act, s 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

22D Prescribed intervals for soil testing—Act, s 81 . . . . . . . . . . . . . . . 25

22E Prescribed methodology for soil testing—Act, s 81 . . . . . . . . . . . 25 Division 2 Document requirements 22F Prescribed matters for agricultural ERA record—Act, s 83 . . . . . 26 Part 2 Prescribed matters for particular resource activities

23 Designated environmental areas . . . . . . . . . . . . . . . . . . . . . . . . . 26

23A Prescribed conditions for small scale mining activities—Act, s 21A 27

24AA Prescribed documents for application for environmental authority for a CSG activity—Act, s 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

24AB Prescribed circumstance for amending environmental authority for particular resource activities—Act, s 215 . . . . . . . . . . . . . . . . . . . 28 Part 3 Eligibility criteria for environmentally relevant activities

24B Approval of eligibility criteria—Act, s 318 . . . . . . . . . . . . . . . . . . . 29

25 Eligibility criteria prescribed for mining activities—Act, s 707B . . 29 Chapter 4 Regulatory requirements Part 1 Preliminary Division 1 Purpose

46 Purpose of ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 2 Interpretation

47 Definitions for ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

48 Meaning of environmental management decision . . . . . . . . . . . . 32 Page 2 Environmental Protection Regulation 2008 Contents

49 Meaning of monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Part 2 Regulatory requirements for all environmental management decisions Division 1 Regulatory requirements for all environmental management decisions—general

50 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

51 Matters to be complied with for environmental management decisions 33

52 Conditions to be considered for environmental management decisions 34

53 Matters to be considered for decisions imposing monitoring conditions 36

53A Prescribed standard criteria for environmental management decisions 37 Part 3 Additional regulatory requirements for particular environmental management decisions

54 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

58 Release of water or waste to wetlands for treatment . . . . . . . . . . 38

63 Activity involving direct release of waste to groundwater . . . . . . . 38 Chapter 5 Matters relating to environmental management and environmental offences Part 1 Regulated waste

65 What is regulated waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Part 1A Public notice for notifying environmental harm 65A Prescribed matters for Act, s 320, definition public notice . . . . . . 40 Part 2 Contaminated land

67 Prescribed waste for notifiable activity—Act, sch 3 . . . . . . . . . . . 41 Part 3 Noise Division 1 Prescribed standards

68 Prescribed standards for particular noise standards . . . . . . . . . . 41 Division 2 Measuring noise

69 Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

70 Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

71 Measuring background level. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

72 Measuring source noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

73 Measuring source noise for particular noise standards . . . . . . . . 43

74 Measurement of noises of same type from same premises . . . . . 43

75 Prescribed instruments—Act, s 490(8). . . . . . . . . . . . . . . . . . . . . 43 Page 3 Environmental Protection Regulation 2008 Contents

76 Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Part 4 Water contamination

77 Prescribed water contaminants for Act, ch 8, pt 3C . . . . . . . . . . . 44 Part 5 Air contamination 78 Prescribed standard for particular offences relating to air contamination 44 Part 6 Record keeping requirements for particular fuel suppliers

79 Application of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

80 Records kept by manufacturer . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

81 Records kept by importer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Part 7 Wetlands

81A Environmental values for wetlands . . . . . . . . . . . . . . . . . . . . . . . . 47 Part 8 Statutory condition for environmental authority for particular resource activities

81B Prescribed maximum amount for chemicals—Act, s 206 . . . . . . . 47 Part 9 Waste tracking Division 1 Preliminary

81C Waste transportation to which this part applies . . . . . . . . . . . . . . 49

81D Waste handlers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Division 2 Prescribed matters for giving of information

81E Prescribed information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

81F Prescribed way of giving information . . . . . . . . . . . . . . . . . . . . . . 51

81G Prescribed time for giving information . . . . . . . . . . . . . . . . . . . . . 51 Division 3 Obligations of waste handlers Subdivision 1 Transportation within Queensland

81H Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

81I Responsibilities of generator . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

81J Responsibilities of transporter . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

81K Responsibilities of receiver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

81L Responsibilities of waste handler acting in more than 1 capacity 54 Subdivision 2 Transportation into Queensland

81M Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

81N Responsibilities of transporter . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

81O Responsibilities of receiver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

81P Responsibilities of waste handler acting in more than 1 capacity 56 Page 4 Environmental Protection Regulation 2008 Contents Subdivision 3 Transportation out of Queensland

81Q Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

81R Responsibilities of generator . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

81S Responsibilities of transporter . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

81T Responsibilities of waste handler acting in more than 1 capacity 58 Division 4 Miscellaneous

81U Application of provisions to agents . . . . . . . . . . . . . . . . . . . . . . . . 58

81V Giving information to administering authority in prescribed form . 59

81W Approval of ways of giving information to administering authority 59

81X Consignment numbers for waste transported into Queensland . . 61

81Y Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

81Z Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 81ZA Trackable waste to be given only to licensed transporter . . . . . . . 65

81ZB Generator identification number . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Chapter 5A Waste management by local governments Part 1 Preliminary

81ZC Application of ch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

81ZD References to local government. . . . . . . . . . . . . . . . . . . . . . . . . . 66

81ZE Meaning of serviced premises . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Part 2 Waste management in local government areas Division 1 Storage of general waste

81ZF Owner or occupier of relevant premises to supply waste containers 67

81ZG Requirements for storing general waste in waste containers . . . . 68

81ZH General requirements for keeping waste containers at serviced premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

81ZI Other requirements for storing general waste at particular serviced premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Division 2 Removal of general waste

81ZJ Local government may give notice about removal of general waste 71

81ZK Depositing or disposal of general waste from premises other than serviced premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Division 3 Storage and treatment of industrial waste

81ZL Requirements for storing industrial waste . . . . . . . . . . . . . . . . . . 72

81ZM Requirement to treat industrial waste for disposal . . . . . . . . . . . . 73 Division 4 Compliance notices

81ZN Authorised person may give notice to comply . . . . . . . . . . . . . . . 74 Page 5 Environmental Protection Regulation 2008 Contents Part 3 Receiving and disposing of waste

81ZO Unlawful disposal of waste at waste facility . . . . . . . . . . . . . . . . . 75

81ZP Restrictions on burning waste at waste facility . . . . . . . . . . . . . . . 75

81ZQ Restrictions on use of waste facility . . . . . . . . . . . . . . . . . . . . . . . 76

81ZR Waste transporter to comply with directions and give information 76 Part 4 Devolution of powers

81ZS Devolution—waste management in local government areas—Act, s 514 77

81ZT Devolution—receiving and disposing of waste—Act, s 514 . . . . . 77 Part 5 Expiry

81ZU Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Chapter 6 National Pollutant Inventory Part 1 Preliminary

82 Purpose of ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

83 Definitions for ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

84 Expressions in this part have same meaning as under NPI NEPM 79 Part 2 Reporting requirements

85 Occupiers of reporting facilities to give information . . . . . . . . . . . 79

86 Reporting period for reporting facility . . . . . . . . . . . . . . . . . . . . . . 80

87 Occupier must keep particular information for 3 years . . . . . . . . . 81

88 Minister may name occupier in report to council . . . . . . . . . . . . . 82 Part 3 Estimation techniques for emission and transfer data

89 Occupier of reporting facility must use estimation technique . . . . 83

90 When chief executive may approve estimation technique . . . . . . 84

91 Application for approval of estimation technique . . . . . . . . . . . . . 84

92 Deciding estimation technique application . . . . . . . . . . . . . . . . . . 85

93 Approval of estimation technique on chief executive’s initiative . . 86 Part 4 Exceptions to reporting requirements

94 Exemption on ground of national security . . . . . . . . . . . . . . . . . . 87

95 Claiming exemption on ground of commercial confidentiality. . . . 88

96 Deciding claim for exemption on ground of commercial confidentiality 88 Part 5 Other matters

97 Information not to be used as evidence . . . . . . . . . . . . . . . . . . . . 89 Page 6 Environmental Protection Regulation 2008 Contents Chapter 7 Administration Part 1 Devolution of powers Division 1 Matters devolved to local government

98 Environmental nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

99 Noise standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

100 Water contamination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

101 Particular prescribed ERAs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

102 Devolution includes statutory instruments under Act . . . . . . . . . . 92 Division 2 Matters not devolved to local government

103 Clean-up and cost recovery notices . . . . . . . . . . . . . . . . . . . . . . . 92

104 Record keeping for particular fuel suppliers . . . . . . . . . . . . . . . . . 92

105 Enforcing compliance with NPI NEPM . . . . . . . . . . . . . . . . . . . . . 92 106 Particular acts, omissions or activities by State or local government entity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92

107 Mobile and temporary activity across local government areas. . . 93

108 Activity carried out at a facility with a non-devolved activity . . . . . 94 Part 2 Enforcement

109 Authorised persons—Act, s 445 . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Part 3 Review of decisions and appeal

110 Original decisions and dissatisfied persons . . . . . . . . . . . . . . . . . 95 Part 4 Registers

111 Register of environmental reports . . . . . . . . . . . . . . . . . . . . . . . . 97

112 Prescribed information—Act, s 540 . . . . . . . . . . . . . . . . . . . . . . . 98

113 Register of transitional environmental programs . . . . . . . . . . . . . 98

114 Register of environmental protection orders. . . . . . . . . . . . . . . . . 99

115 Register of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Part 5 Suitably qualified persons and auditors 115A Prescribed organisations for suitably qualified persons and auditors 100

115B Prescribed regulatory function . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

115C Prescribed criteria—Act, s 568. . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Chapter 8 Fees Part 1 Fees generally

116 Fees payable under Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

116A Recovery of unpaid amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Part 2 Fees for devolved matters

117 Fees and discounts made by resolution or local law . . . . . . . . . . 104 Page 7 Environmental Protection Regulation 2008 Contents Part 3 Annual fees Division 1 General matters

118 Meaning of annual fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

119 Payment of annual fee for first year of environmental authority . . 105

120 Annual fee for environmental authority . . . . . . . . . . . . . . . . . . . . . 105 Division 2 Reduced annual fees in particular circumstances Subdivision 1 Preliminary

121 Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107

122 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107

123 What is an approved EMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

124 Who is an approved partner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

125 What is a lower emissions score . . . . . . . . . . . . . . . . . . . . . . . . . 109 Subdivision 2 Reduced annual fee

126 Eligibility for payment of a reduced annual fee . . . . . . . . . . . . . . . 110

127 What is the reduced annual fee . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Subdivision 3 Offences and record keeping

128 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115

129 Offence to pay reduced annual fee if not eligible . . . . . . . . . . . . . 115

130 Requirement to keep records for reduced annual fee . . . . . . . . . 115 131 Authorised person may require holder to give information or documents 116

132 Requirement to notify change of eligibility . . . . . . . . . . . . . . . . . . 116

133 Refunding difference between annual fee and reduced fee . . . . . 117 Division 3 Amendment applications for environmental authorities

134 When supplementary annual fee payable . . . . . . . . . . . . . . . . . . 117

135 When shortfall in fee for major amendment application payable . 118

136 Refunding overpayment of fee for major amendment application 119 Part 4 Other particular fees

138 Fee for anniversary changeover application. . . . . . . . . . . . . . . . . 119

139 Fee for late payment of annual fee . . . . . . . . . . . . . . . . . . . . . . . . 120

140 Fees for transitional environmental programs . . . . . . . . . . . . . . . 121

140A Fee for termination of suspension of environmental authority . . . 121 Part 6 Exemptions

142 Administering authority exempt from fees for self-administered activities 122

143 Prescribed local government exempt from fees . . . . . . . . . . . . . . 122 Page 8 Environmental Protection Regulation 2008 Contents

144 Prescribed charitable institution exempt from fees . . . . . . . . . . . . 123

144B Holders of particular environmental authorities exempt from annual fee 123 Part 7 Refund of application fees

144C Refund of application fee for particular environmental authority if application for relevant mining tenement refused . . . . . . . . . . . . . 124 Chapter 8A Miscellaneous

144D Limited amendment of Map of referable wetlands . . . . . . . . . . . . 125 Chapter 9 Repeal, transitional and savings provisions Part 1 Repeal

145 Repeal of regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Part 2 Transitional and savings provisions for SL No. 370 of 2008 Division 1 Preliminary

146 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Division 2 Transitional provisions about environmentally relevant activities Subdivision 1 General

147 General matters for environmentally relevant activities . . . . . . . . 127

148 Existing development approvals and registration certificates . . . . 132

149 Existing applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Subdivision 2 Effect of changes to environmentally relevant activities

150 Activities that are no longer environmentally relevant activities . . 133

151 Changes to environmentally relevant activities. . . . . . . . . . . . . . . 136 Subdivision 3 Environmental authorities

152 Existing environmental authorities . . . . . . . . . . . . . . . . . . . . . . . . 137

153 Changes to environmentally relevant activities. . . . . . . . . . . . . . . 138

154 Existing applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Subdivision 4 Particular approvals for environmentally relevant activities

155 Particular approvals continue in force for 2 years. . . . . . . . . . . . . 139 Subdivision 5 Miscellaneous matters for environmentally relevant activities

156 Administration and enforcement of particular former environmentally relevant activities devolved to local government. . . . . . . . . . . . . . 140

157 Codes of environmental compliance for former environmentally relevant activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Division 3 Transitional provisions for miscellaneous matters

158 Delayed application of fees payable under ch 8 . . . . . . . . . . . . . . 142

159 References to repealed regulation . . . . . . . . . . . . . . . . . . . . . . . . 142 Page 9 Environmental Protection Regulation 2008 Contents Part 3 Transitional provisions for members of QR group

160 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142

161 Application of s 106 to member of QR Group during interim period 143

162 Application of s 106 to member of QR Group after change of ownership 143 Part 4 Transitional provision for Environmental Protection Legislation Amendment Regulation (No. 1) 2010

163 Administering authority to refund portion of particular annual fees 145 Part 5 Transitional provision for Environmental Protection Amendment Regulation (No. 1) 2011 164 Administering authority to refund particular application and annual fees 146 Part 6 Transitional provisions for Environmental Protection Amendment Regulation (No. 4) 2011

165 Administering authority to refund portion of particular EIS fees . . 148

166 Particular persons exempt from payment of EIS fee . . . . . . . . . . 148

167 Administering authority to refund portion of particular annual fees 149 Part 7 Transitional provisions for Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2013 Division 1 Fees

168 Refund of annual fee if environmental authorities amalgamated . 150

169 Exemption from payment of annual fee if relevant mining tenement not granted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 Division 2 Existing environmentally relevant activities 170 Eligibility criteria and standard conditions for particular environmentally relevant activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151

171 Non-transitional ERAs—Act, s 676A . . . . . . . . . . . . . . . . . . . . . . 152

172 Prescribed day—Act, s 676C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152

173 Temporary devolution of power for application relating to prescribed ERA that is poultry farming. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Part 8 Transitional provisions for Environmental Protection Amendment Regulation (No. 2) 2013

174 Continuing devolution of power for particular local governments . 153

175 When to pay financial assurance . . . . . . . . . . . . . . . . . . . . . . . . . 153 Part 9 Transitional provision for Environment Legislation Amendment and Repeal Regulation (No. 1) 2014

176 Compliance notice given under repealed regulation . . . . . . . . . . 154 Schedule 1 Matters to be addressed by assessment under EIS . . . . . . . . 155 Schedule 2 Prescribed ERAs and aggregate environmental scores . . . . 159 Page 10 Environmental Protection Regulation 2008 Contents Part 1 Aquaculture and intensive animal industry

1 Aquaculture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159

2 Intensive animal feedlotting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160

3 Pig keeping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162

4 Poultry farming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 Part 2 Chemical, coal and petroleum products activities

5 Alcohol production . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163

6 Asphalt manufacturing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164

7 Chemical manufacturing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164

8 Chemical storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167

9 Hydrocarbon gas refining . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169

10 Gas producing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169

11 Oil refining or processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170

12 Plastic product manufacturing . . . . . . . . . . . . . . . . . . . . . . . . . . . 170

13 Tyre manufacturing or retreading . . . . . . . . . . . . . . . . . . . . . . . . . 171 Part 3 Energy related services

14 Electricity generation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171

15 Fuel burning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 Part 4 Extractive activities

16 Extractive and screening activities . . . . . . . . . . . . . . . . . . . . . . . . 173 Part 5 Fabricated metal product activities

19 Metal forming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175

20 Metal recovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 Part 6 Food processing

22 Beverage production . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177

23 Bottling and canning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177

24 Edible oil manufacturing or processing. . . . . . . . . . . . . . . . . . . . . 178

25 Meat processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178

26 Milk processing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179

27 Seafood processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180

28 Sugar milling or refining . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 Part 7 Metal production and mineral processing activities

29 Metal foundry operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181

30 Metal smelting and refining . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182

31 Mineral processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 Page 11 Environmental Protection Regulation 2008 Contents Part 8 Miscellaneous activities

32 Battery manufacturing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184

33 Crushing, milling, grinding or screening . . . . . . . . . . . . . . . . . . . . 184

35 Plaster manufacturing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185

36 Pulp or paper manufacturing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185

38 Surface coating. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186

39 Tanning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187

40 Textile manufacturing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 Part 9 Non-metallic mineral product manufacture

41 Cement manufacturing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188

42 Clay or ceramic products manufacturing . . . . . . . . . . . . . . . . . . . 189

44 Glass or glass fibre manufacturing . . . . . . . . . . . . . . . . . . . . . . . . 189

45 Mineral wool or ceramic fibre manufacturing . . . . . . . . . . . . . . . . 190 Part 10 Sawmilling, woodchipping, and timber and laminated product manufacturing

46 Chemically treating timber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190

47 Timber milling and woodchipping . . . . . . . . . . . . . . . . . . . . . . . . . 191

48 Timber and laminated product fabrication . . . . . . . . . . . . . . . . . . 192 Part 11 Transport and maritime services

49 Boat maintenance or repair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193

50 Bulk material handling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193

51 Road tunnel ventilation stack operation . . . . . . . . . . . . . . . . . . . . 195 Part 12 Waste management

52 Battery recycling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195

53 Composting and soil conditioner manufacturing. . . . . . . . . . . . . . 196

55 Regulated waste recycling or reprocessing . . . . . . . . . . . . . . . . . 197

56 Regulated waste storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198

57 Regulated waste transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199

58 Regulated waste treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200

59 Tyre recycling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201

60 Waste disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201

61 Waste incineration and thermal treatment . . . . . . . . . . . . . . . . . . 204

62 Waste transfer station operation. . . . . . . . . . . . . . . . . . . . . . . . . . 205 Part 13 Water treatment services

63 Sewage treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206

64 Water treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 Page 12 Environmental Protection Regulation 2008 Contents Schedule 2A Aggregate environmental scores for particular resource activities 211 Schedule 2B Designated environmental areas—agricultural research facilities 213 Schedule 2C Prescribed conditions for small scale mining activities . . . . 216 Schedule 2D Rates of financial assurance . . . . . . . . . . . . . . . . . . . . . . . . . . 220 Schedule 2E Trackable waste and waste codes . . . . . . . . . . . . . . . . . . . . . . 221 Schedule 2F Prescribed information for waste tracking . . . . . . . . . . . . . . . 226

1 Generator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226

2 Transporter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227

3 Receiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 Schedule 2G National environment protection (movement of controlled waste between States and Territories) measure, schedule A, list 2 229 Schedule 2H Disposal and treatment codes for waste tracking . . . . . . . . . 233 Schedule 3 Continued codes of environmental compliance—Act, s 707A 236 Schedule 3A Prescribed eligibility criteria for mining activities . . . . . . . . . 237

1 Eligibility criteria for all mining activities . . . . . . . . . . . . . . . . . . . . 237 2 Eligibility criteria for a mining activity other than a mining activity relating to a mining lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238

3 Eligibility criteria for mining activities relating to a mining lease . . 238 Schedule 3B Approved eligibility criteria for environmentally relevant activities 240 Schedule 4 Scheduled areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 Schedule 5 Environmental objective assessment . . . . . . . . . . . . . . . . . . . 245 Schedule 7 Regulated waste and waste that is not regulated waste . . . . 254 Schedule 8 Prescribed organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259 Schedule 8A Other local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 Schedule 9 Prescribed water contaminants . . . . . . . . . . . . . . . . . . . . . . . . 261 Schedule 10 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 Schedule 12 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266 Part 1 Extended definitions

1 Meaning of category A environmentally sensitive area . . . . . . . . 266

2 Meaning of category B environmentally sensitive area . . . . . . . . 266

3 Meaning and calculation of equivalent passenger unit. . . . . . . . . 268

4 Meaning of significantly disturbed land . . . . . . . . . . . . . . . . . . . . 268

5 Meaning and calculation of standard cattle unit . . . . . . . . . . . . . . 269

6 Meaning and calculation of standard pig unit . . . . . . . . . . . . . . . . 270 Page 13 Environmental Protection Regulation 2008 Contents

7 Meaning and calculation of standard sheep unit . . . . . . . . . . . . . 271

8 Meaning of watercourse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271 Endnotes

1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287 2 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287 3 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287

4 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293

6 Information about retrospectivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313 Page 14 Environmental Protection Regulation 2008 Chapter 1 Preliminary [s 1] Environmental Protection Regulation 2008 [as amended by all amendments that commenced on or before 1 October 2014] Chapter 1 Preliminary

1 Short title This regulation may be cited as the Environmental Protection Regulation 2008.

2 Commencement This regulation commences on 1 January 2009.

3 Definitions The dictionary in schedule 12 defines particular words used in this regulation. Chapter 2 Environmental impact statements Part 1 Preliminary

4 Types of project requiring Commonwealth or State authority approval A project is prescribed for section 37(1)(e) of the Act if— Current as at 1 October 2014 Page 15 Environmental Protection Regulation 2008 Chapter 2 Environmental impact statements Part 2 EIS process [s 5] (a) the Commonwealth Minister has, under the Commonwealth Environment Act— (i) decided the approach for assessing the relevant impacts of the project is assessment by an accredited assessment process; and (ii) given notice of the decision; or Note— See the Commonwealth Environment Act, chapter 4, part 8, division 3 (Decision on assessment approach). (b) the relevant impacts of the project are to be assessed under a bilateral agreement. Part 2 EIS process

5 Application of pt 2 (1) This part and schedule 1 apply to a project mentioned in section 4. (2) Any steps or actions taken under the EIS process before the action mentioned in section 4(a) happens are taken to have complied with this part.

6 Prescribed matters for draft terms of reference—Act, s 41(2)(d) The draft terms of reference for an EIS must include the matters necessary for ensuring— (a) the project’s relevant impacts are assessed under the EIS; and (b) the assessment of the project under the EIS— (i) gives enough information about the project and its relevant impacts to allow the Commonwealth Page 16 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 2 Environmental impact statements Part 2 EIS process [s 7] Minister to make an informed decision whether to approve the project under the Commonwealth Environment Act; and (ii) addresses the matters mentioned in schedule 1.

7 Prescribed matters for TOR notice and EIS notice—Act, ss 42(2)(f) and 52(1)(g) (1) A TOR notice and an EIS notice must state the following— (a) the project’s title and location; (b) the name of the proponent for the project; (c) if the proponent and designated proponent for the project are not the same entity—the name of the designated proponent; (d) the protected matters for the project. (2) In this section— protected matter means a matter mentioned in the Commonwealth Environment Act, section 34 and protected by a controlling provision for the project.

8 Prescribed way for publishing TOR notice and EIS notice A TOR notice and an EIS notice must be published— (a) in a newspaper circulating throughout Australia; or (b) in each State or Territory in a newspaper circulating generally in the State or Territory.

9 Prescribed matters for EIS assessment report—Act, s 59(e) (1) An EIS assessment report must contain the following matters— (a) a description of the following— (i) the project; Current as at 1 October 2014 Page 17 Environmental Protection Regulation 2008 Chapter 2 Environmental impact statements Part 2 EIS process [s 10] (ii) the places affected by the project; (iii) any matters of national environmental significance likely to be affected by the project; (b) a summary of the project’s relevant impacts; (c) a summary of feasible mitigation measures or changes to the project or procedures to prevent or minimise the project’s relevant impacts, proposed by the proponent or suggested in a relevant submission; (d) to the extent practicable, a summary of feasible alternatives to the project identified in the assessment process and the likely impact of the alternatives on matters of national environmental significance; (e) to the extent practicable, a recommendation for any conditions of approval for the project that may be imposed to address impacts identified in the assessment process on matters of national environmental significance. (2) In this section— relevant submission means a properly made submission under section 55(2) of the Act or a submission accepted by the chief executive under section 55(3) of the Act.

10 Other requirements for EIS process The chief executive must, as soon as practicable after preparing an EIS assessment report, give a copy of it to the Commonwealth Minister. Page 18 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 2 Environmental impact statements Part 3 Prescribed periods for chapter 3 of the Act [s 11] Part 3 Prescribed periods for chapter 3 of the Act

11 Period to advise chief executive about draft terms of reference—Act, s 45 For section 45 of the Act, the period for giving the chief executive the things mentioned in that section is the later of the following periods to end— (a) 20 business days after the chief executive has given the proponent a copy of all comments received within the comment period; (b) if the chief executive and the proponent have, within the 20 business days, agreed to a longer period—the longer period.

12 Period for finalising terms of reference—Act, s 46 For section 46 of the Act, the period for doing the things mentioned in section 46(1) of the Act is the later of the following periods to end— (a) 20 business days after the proponent gives the documents mentioned in section 45 of the Act to the chief executive; (b) if the chief executive and the proponent have, within the 20 business days, agreed to a longer period—the longer period.

13 Period for deciding whether EIS may proceed—Act, s 49 For section 49(1) of the Act, the period for considering a submitted EIS and deciding whether to allow it to proceed under chapter 3, part 1, division 4 of the Act is the later of the following periods to end— (a) 20 business days after the EIS is submitted; Current as at 1 October 2014 Page 19 Environmental Protection Regulation 2008 Chapter 3 Environmentally relevant activities Part 1 Environmentally relevant activities—general matters [s 14] (b) if the chief executive and the proponent have, within the 20 business days, agreed to a longer period—the longer period. Chapter 3 Environmentally relevant activities Part 1 Environmentally relevant activities—general matters Division 1 Preliminary

14 What is the aggregate environmental score for an environmentally relevant activity (1) The aggregate environmental score for a prescribed ERA is the aggregate environmental score stated for the activity in the section under schedule 2 applying to the activity. Note— Aggregate environmental scores for environmentally relevant activities are based on the aggregate environmental scores worked out for the activities under the environmental emission profile. (2) The aggregate environmental score for a resource activity is the aggregate environmental score stated for the activity in the section under schedule 2A applying to the activity. (3) However, subsection (4) applies for a resource activity mentioned in schedule 2A, if— (a) the activity includes 1 or more activities mentioned in schedule 2 (each an included schedule 2 activity) for which an AES is stated; and Page 20 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 3 Environmentally relevant activities Part 1 Environmentally relevant activities—general matters [s 15] (b) the AES stated in schedule 2 for an included schedule 2 activity is more than the AES stated in schedule 2A for the resource activity. (4) The aggregate environmental score for the resource activity is— (a) the AES for the included schedule 2 activity; or (b) if there are 2 or more included schedule 2 activities to which subsection (3)(b) applies—the AES for the included schedule 2 activity that has the highest AES stated for the activity in schedule 2.

15 Meaning of scheduled area A scheduled area is a local government area mentioned in schedule 4.

16 Meaning of concurrence ERA (1) An activity is a concurrence ERA if— (a) the activity is a prescribed ERA; and (b) the threshold within which the activity is carried out is stated opposite the letter ‘C’ in the relevant table. (2) However, a mobile and temporary environmentally relevant activity is not a concurrence ERA. (3) In this section— relevant table, for an activity, means the table in the section of schedule 2 that applies to the activity. Note— An application for an environmental authority for a concurrence ERA may also require assessment under the Planning Act. Current as at 1 October 2014 Page 21 Environmental Protection Regulation 2008 Chapter 3 Environmentally relevant activities Part 1 Environmentally relevant activities—general matters [s 17] Division 2 Prescribed activities

17 Activities prescribed as environmentally relevant activities—general (1) Each activity to which a section under schedule 2 applies is a prescribed ERA. Note— See section 19 (Environmentally relevant activity may be prescribed) of the Act. (2) An activity to which a section under schedule 2 applies includes the activity carried out as a mobile and temporary environmentally relevant activity, unless the section otherwise provides. Note— See schedule 4, definition mobile and temporary environmentally relevant activity of the Act.

17A Activities prescribed as extractive activities—Act, s 120 For section 120(4) of the Act, definition extractive activity, the prescribed activities are the extractive and screening activities mentioned in schedule 2, part 4. Division 2A Amount and form of financial assurance for environmental authorities

17B Guideline prescribed—Act, ss 294 and 295 For sections 294(3)(b)(ii) and 295(3)(b) of the Act, the guideline called ‘Financial Assurance under the Environmental Protection Act 1994’ is prescribed. Page 22 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 3 Environmentally relevant activities Part 1 Environmentally relevant activities—general matters [s 19B] Editor’s note— The guideline may be accessed on the department’s website at <www.ehp.qld.gov.au>. Division 3A Development application relating to concurrence ERAs

19B Application of div 3A This division applies if a local government is the assessment manager or concurrence agency for a development application relating to a concurrence ERA.

19C Assessing application In assessing the application the local government must consider the following matters as a code for IDAS under the Planning Act— (a) an environmental objective assessment against the environmental objectives and performance outcomes mentioned in schedule 5, part 3, table 2; (b) the standard criteria; (c) if the activity is to be carried out in a strategic environmental area—the impacts of the activity on the environmental attributes for the area under the Regional Planning Interests Act 2014. Division 4 Other matters

21 Untreated clinical waste disposal (1) A person must not deliver untreated clinical waste to a facility for disposal under schedule 2, section 60(1)(b) unless the waste was generated in a scheduled area. Current as at 1 October 2014 Page 23 Environmental Protection Regulation 2008 Chapter 3 Environmentally relevant activities Part 1A Agricultural ERAs [s 22B] Maximum penalty—20 penalty units. (2) Subsection (3) applies to the occupier of a facility mentioned in schedule 2, section 60(1) if untreated clinical waste is disposed of at the facility. (3) The occupier must ensure— (a) the waste is buried at the facility; and (b) the burial of the waste is supervised by a person who is competent to supervise the burial. Maximum penalty—20 penalty units. Part 1A Agricultural ERAs Division 1 Fertiliser application requirements

22B Application of div 1 This division applies to a person carrying out an agricultural ERA that is commercial sugar cane growing on a relevant agricultural property.

22C Prescribed methodology for optimum nitrogen and phosphorus amounts—Act, s 80 (1) For section 80(3) of the Act, the prescribed methodology for working out the optimum amount of each of nitrogen and phosphorus that can be applied to soil on the relevant agricultural property is the relevant methodology stated in the nutrient calculation document. (2) In this section— nutrient calculation document means the document called ‘The method for calculating the optimum amount of nitrogen Page 24 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 3 Environmentally relevant activities Part 1A Agricultural ERAs [s 22D] and phosphorus to be applied to sugarcane properties regulated under the Environmental Protection Act 1994’, published by the department. Editor’s note— A copy of the document is available for inspection during office hours on business days at the department’s head office at level 3, 400 George Street, Brisbane and at each regional office, and on the department’s website.

22D Prescribed intervals for soil testing—Act, s 81 For section 81(3)(a) of the Act, the prescribed intervals for carrying out soil tests of the relevant agricultural property are within 1 year before each sugar cane crop is planted.

22E Prescribed methodology for soil testing—Act, s 81 (1) For section 81(3)(b) of the Act, the prescribed methodology for carrying out soil tests of the relevant agricultural property is the methodology stated in the soil sampling document. (2) In this section— soil sampling document means the document called ‘The method for soil sampling and analysis on sugarcane properties regulated under the Environmental Protection Act 1994’, published by the department. Editor’s note— A copy of the document is available for inspection during office hours on business days at the department’s head office at level 3, 400 George Street, Brisbane and at each regional office, and on the department’s website. Current as at 1 October 2014 Page 25 Environmental Protection Regulation 2008 Chapter 3 Environmentally relevant activities Part 2 Prescribed matters for particular resource activities [s 22F] Division 2 Document requirements

22F Prescribed matters for agricultural ERA record—Act, s 83 For section 83(2)(d) of the Act, the following matters are prescribed— (a) the boundaries of the following, as shown by maps or diagrams of the relevant agricultural property— (i) crops or paddocks from which soil has been taken for testing; (ii) the areas to which agricultural chemicals, fertilisers or soil conditioners have been applied; (b) a description of the methods used to apply the agricultural chemicals, fertilisers or soil conditioners. Part 2 Prescribed matters for particular resource activities

23 Designated environmental areas For schedule 4, definition small scale mining activity, paragraphs (a)(vi) and (b)(v) of the Act, the following areas are prescribed as designated environmental areas— (a) for each agricultural research facility mentioned in schedule 2B, the area with the land description shown opposite the facility’s name; (b) a coastal management district under the Coastal Protection and Management Act 1995; (c) coastal wetlands under the Coastal Protection and Management Act 1995; Page 26 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 3 Environmentally relevant activities Part 2 Prescribed matters for particular resource activities [s 23A] (d) the designated landscape area called ‘the Stanbroke Pastoral Development Holding’ recorded on the register under the Aboriginal Cultural Heritage Act 2003; (e) a nature refuge under the Nature Conservation Act 1992; (f) a reservation for public purposes under the Land Act 1994, section 23; (g) a regional park (resource use area) under the Nature Conservation Act 1992; (h) a State forest under the Forestry Act 1959; (i) a timber reserve under the Forestry Act 1959.

23A Prescribed conditions for small scale mining activities—Act, s 21A For section 21A of the Act, the conditions stated in schedule 2C are prescribed.

24AA Prescribed documents for application for environmental authority for a CSG activity—Act, s 125 (1) For section 125(1)(n) of the Act, the documents prescribed for an application for an environmental authority for a CSG activity that is an ineligible ERA are— (a) documents dealing with the following matters about coal seam gas water generated in connection with carrying out the CSG activity— (i) whether the proposed management of the coal seam gas water is consistent with the coal seam gas water management policy, including the prioritisation hierarchy for managing and using coal seam gas water; (ii) if the proposed management of the coal seam gas water is inconsistent with the prioritisation hierarchy for managing and using coal seam gas Current as at 1 October 2014 Page 27 Environmental Protection Regulation 2008 Chapter 3 Environmentally relevant activities Part 2 Prescribed matters for particular resource activities [s 24AB] water—the reason for managing the coal seam gas water in the proposed way; and (b) documents dealing with the following matters for brine or salt generated from the management of the coal seam gas water mentioned in paragraph (a)— (i) whether the proposed management of the brine or salt is consistent with the coal seam gas water management policy, including the prioritisation hierarchy for managing saline waste; (ii) if the proposed management of the brine or salt is inconsistent with the prioritisation hierarchy for managing saline waste—the reason for managing the coal seam gas water in the proposed way. (2) In this section— prioritisation hierarchy means— (a) for managing and using coal seam gas water—the prioritisation hierarchy for managing and using CSG water stated in the coal seam gas water management policy; or (b) for managing saline waste—the prioritisation hierarchy for managing saline waste stated in the coal seam gas water management policy.

24AB Prescribed circumstance for amending environmental authority for particular resource activities—Act, s 215 (1) For an environmental authority issued for a resource activity, other than a mining activity, a prescribed circumstance for section 215(2)(m) of the Act is that an underground water impact report identifies impacts, or potential impacts, on an environmental value. (2) In this section— underground water impact report means an underground water impact report approved under the Water Act 2000, section 385. Page 28 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 3 Environmentally relevant activities Part 3 Eligibility criteria for environmentally relevant activities [s 24B] Part 3 Eligibility criteria for environmentally relevant activities

24B Approval of eligibility criteria—Act, s 318 Each of the eligibility criteria for an environmentally relevant activity, stated in a document mentioned in schedule 3B, is approved. Editor’s note— The documents mentioned in schedule 3B may be accessed on the department’s website at <www.ehp.qld.gov.au>. Editor’s note— The guideline and code of conduct may be accessed on the department’s website at <www.ehp.qld.gov.au>.

25 Eligibility criteria prescribed for mining activities—Act, s 707B For section 707B(1) of the Act— (a) the eligibility criteria stated in schedule 3A, section 1 is prescribed for all mining activities; and (b) the eligibility criteria stated in schedule 3A, section 2 is prescribed for a mining activity, other than a mining activity relating to a mining lease; and (c) the eligibility criteria stated in schedule 3A, section 3 is prescribed for a mining activity relating to a mining lease. Current as at 1 October 2014 Page 29 Environmental Protection Regulation 2008 Chapter 4 Regulatory requirements Part 1 Preliminary [s 46] Chapter 4 Regulatory requirements Part 1 Preliminary Division 1 Purpose

46 Purpose of ch 4 This chapter prescribes the regulatory requirements with which the administering authority is required to comply for making environmental management decisions. Division 2 Interpretation

47 Definitions for ch 4 In this chapter— activity includes that part, if any, of an activity relating to— (a) preparing a place for the activity before carrying out the activity; or (b) rehabilitating a place after it has been used for carrying out the activity. characteristic— (a) of a contaminant, material or waste, means any of the following— (i) the physical and chemical properties and reactivity of the contaminant, material or waste; (ii) the biological, carcinogenic, mutagenic or toxic properties of the contaminant, material or waste; Page 30 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 4 Regulatory requirements Part 1 Preliminary [s 47] (iii) the variation of the concentration, emission rate or flux over time, of the contaminant, material or waste; or (b) of the receiving environment, means any of the following— (i) the physical, chemical, ecological or biological properties of the receiving environment; (ii) the variability of the receiving environment. Example of variability of the receiving environment— whether a watercourse is tidal or is subject to periodic flooding or drought control measure means a device, equipment, structure, or management strategy used to prevent or control the release of a contaminant or waste to the environment. Examples— • an acoustic enclosure • a bund around a storage pond • a fabric filter to collect dust • a release or overflow valve on machinery • a strategy for operating a furnace in a way that achieves combustion of a contaminant at a particular oxygen level environmental management decision see section 48. initial mixing zone means an area where water containing contaminants mixes rapidly with surface water because of the momentum or buoyancy of the contaminated water and the turbulence of the surface water. material means a material in its solid, liquid or gaseous state. monitoring see section 49. relevant site, for an activity, means a place where the activity is, or is proposed to be, carried out. surface water means water other than groundwater. water includes water containing contaminants. Current as at 1 October 2014 Page 31 Environmental Protection Regulation 2008 Chapter 4 Regulatory requirements Part 1 Preliminary [s 48]

48 Meaning of environmental management decision (1) An environmental management decision is a decision under the Act for which the administering authority making the decision is required to comply with regulatory requirements. (2) However, an environmental management decision does not include a decision under the Act about— (a) the surrender of an environmental authority; or (b) an application for an amendment that is a minor amendment; or (c) an application for a progressive certification.

49 Meaning of monitoring Monitoring, in relation to monitoring the impact of an activity on the receiving environment, includes analysing, assessing, examining, inspecting, measuring, modelling or reporting any of the following— (a) the quantity, quality, characteristics, timing and variability of the release of the contaminant; (b) the effectiveness of control measures; (c) characteristics of, and impact on, the receiving environment; (d) the effectiveness of remedial or rehabilitation measures. Page 32 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 4 Regulatory requirements Part 2 Regulatory requirements for all environmental management decisions [s 50] Part 2 Regulatory requirements for all environmental management decisions Division 1 Regulatory requirements for all environmental management decisions—general

50 Application of pt 2 This part applies to the administering authority for making any environmental management decision.

51 Matters to be complied with for environmental management decisions (1) The administering authority must, for making an environmental management decision relating to an environmentally relevant activity, other than a prescribed ERA— (a) carry out an environmental objective assessment against the environmental objective and performance outcomes mentioned in schedule 5, part 3, tables 1 and 2; and (b) consider the environmental values declared under this regulation; and (ba) if the activity is to be carried out in a strategic environmental area—consider the impacts of the activity on the environmental attributes for the area under the Regional Planning Interests Act 2014; and (c) consider each of the following under any relevant environmental protection policies— (i) the management hierarchy; (ii) environmental values; Current as at 1 October 2014 Page 33 Environmental Protection Regulation 2008 Chapter 4 Regulatory requirements Part 2 Regulatory requirements for all environmental management decisions [s 52] (iii) quality objectives; (iv) the management intent; and (d) if a bilateral agreement requires the matters of national environmental significance to be considered—consider those matters. (1A) However, the administering agency is not required to consider the matters mentioned in subsection (1)(d) if the Coordinator-General has, under the State Development Act, section 54Y, issued an environmental approval for the undertaking of all or part of the coordinated project to which the activity relates. (2) For an environmental management decision relating to a prescribed ERA, the administering authority making the decision must— (a) carry out an environmental objective assessment against the environmental objective and performance outcomes mentioned in schedule 5, part 3, table 1; and (b) consider the matters mentioned in subsection (1)(b), (ba) and (c).

52 Conditions to be considered for environmental management decisions (1) The administering authority must, for making an environmental management decision relating to an activity, consider whether to impose conditions about the following matters— (a) implementing a system for managing risks to the environment; (b) implementing measures for avoiding or minimising the release of contaminants or waste; (c) ensuring an adequate distance between any sensitive receptors and the relevant site for the activity to which the decision relates; Page 34 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 4 Regulatory requirements Part 2 Regulatory requirements for all environmental management decisions [s 52] Examples of a condition for paragraph (c)— a condition requiring riparian buffers, noise buffers or buffers for protecting endangered regional ecosystems (d) limiting or reducing the size of the initial mixing zone or attenuation zone, if any, that may be affected by the release of contaminants; (e) treating contaminants before they are released; (f) restricting the type, quality, quantity, concentration or characteristics of contaminants that can be released; (g) the way in which contaminants may be released; Examples of a condition for paragraph (g)— • a condition restricting the release of a contaminant at a particular temperature, velocity or rate or during particular meteorological conditions or water flows • a condition restricting the release of a contaminant to a depth below the level of surface waters (h) ensuring a minimum degree of dispersion happens when a contaminant is released; Example of a condition for paragraph (h)— a condition requiring the use of a diffuser for releasing a contaminant (i) protecting environmental values, and meeting quality objectives, under relevant environmental protection policies; (j) recycling, storing, transferring or disposing of waste in a particular way; (k) rehabilitating land to achieve particular outcomes; (l) measures for the ongoing protection of environmental values that are, or may be, adversely affected by the activity; (m) if under an environmental objective assessment, the assessor is not satisfied an environmental objective has Current as at 1 October 2014 Page 35 Environmental Protection Regulation 2008 Chapter 4 Regulatory requirements Part 2 Regulatory requirements for all environmental management decisions [s 53] been achieved, measures for minimising the adverse effects of not achieving the environmental objective. (2) In this section— attenuation zone means the area around a release of contaminants to groundwater in which the concentration of the contaminants in the release is reduced to ambient levels through physico-chemical and microbiological processes.

53 Matters to be considered for decisions imposing monitoring conditions (1) The administering authority must, for making an environmental management decision relating to an activity, consider whether to impose monitoring conditions about the release of contaminants from the activity on the receiving environment. (2) For considering whether to impose a monitoring condition, the administering authority must consider the following matters— (a) the potential impact on the receiving environment of— (i) the activity to which the decision relates; and (ii) the release of the contaminant; (b) the characteristics of the contaminant; (c) the potential for a control measure to fail and the effect of a failure of a control measure on the receiving environment; (d) the protocols relevant to monitoring the release of the contaminant; (e) whether the monitoring should be continuous or intermittent. (3) In this section— Page 36 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 4 Regulatory requirements Part 2 Regulatory requirements for all environmental management decisions [s 53A] monitoring condition, about the release of contaminants from an activity on the receiving environment, means a condition about any of the following matters— (a) monitoring the quantity, quality, characteristics, timing and variability of the release; (b) monitoring indicators of the effective operation of control measures; (c) monitoring the characteristics of the receiving environment; (d) assessing the effectiveness of remedial or rehabilitation measures; (e) monitoring the impact of the release on the values, objectives and biota in the receiving environment; (f) analysing monitoring data against objectives and standards including, for example, by predictive modelling; (g) reporting the results of monitoring in a stated form and timeframe; (h) reporting on the time and way in which the release is made to the receiving environment.

53A Prescribed standard criteria for environmental management decisions For schedule 4 of the Act, definition standard criteria, paragraph (l), an environmental objective assessment relating to an environmental management decision is prescribed. Current as at 1 October 2014 Page 37 Environmental Protection Regulation 2008 Chapter 4 Regulatory requirements Part 3 Additional regulatory requirements for particular environmental management decisions [s 54] Part 3 Additional regulatory requirements for particular environmental management decisions

54 Application of pt 3 If an environmental management decision relates to an activity mentioned in a provision in this part, the administering authority making the decision must comply with the provision in addition to part 2.

58 Release of water or waste to wetlands for treatment (1) This section applies to the administering authority for making an environmental management decision relating to an activity that involves, or may involve, the release of water or waste to a wetland for treatment. (2) The administering authority must refuse to grant the application if the authority considers that, because of the activity— (a) the wetland will be destroyed or reduced in size; or (b) the biological integrity of the wetland may not be maintained.

63 Activity involving direct release of waste to groundwater (1) This section applies to the administering authority for making an environmental management decision relating to an activity that involves, or may involve, the release of waste directly to groundwater (the receiving groundwater). Example of direct release of waste to groundwater— an activity involving the release of contaminated water to groundwater through a well, deep-well injection or a bore Page 38 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 1 Regulated waste [s 65] (2) The administering authority must refuse to grant the application if the authority considers— (a) for an application other than an application relating to an environmental authority for a petroleum activity—the waste is not being, or may not be, released entirely within a confined aquifer; or (b) the release of the waste is affecting adversely, or may affect adversely, a surface ecological system; or (c) the waste is likely to result in a deterioration in the environmental values of the receiving groundwater. (3) In this section— confined aquifer means an aquifer that is contained entirely within impermeable strata. Chapter 5 Matters relating to environmental management and environmental offences Part 1 Regulated waste

65 What is regulated waste (1) Regulated waste is waste that— (a) is commercial or industrial waste, whether or not it has been immobilised or treated; and (b) is of a type, or contains a constituent of a type, mentioned in schedule 7, part 1. (2) Waste prescribed under subsection (1) includes— Current as at 1 October 2014 Page 39 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 1A Public notice for notifying environmental harm [s 65A] (a) for an element—any chemical compound containing the element; and (b) anything that contains residues of the waste. (3) However, waste is not regulated waste if it is mentioned in schedule 7, part 2. Part 1A Public notice for notifying environmental harm

65A Prescribed matters for Act, s 320, definition public notice (1) For section 320 of the Act, definition public notice, the prescribed way is a way likely to bring the event, its nature and the circumstances in which it happened to the attention of— (a) if the public notice is required to be given under section 320C(3)(b) of the Act—the persons on the affected land; or (b) if the public notice is required to be given under section 320D(3)(b) of the Act—the persons at the affected land. (2) Also for that definition, the prescribed circumstances are all circumstances in which a public notice for an event must be given— (a) under section 320C(3)(b) of the Act unless a written notice is given under section 320C(3)(a) of the Act for the event; or (b) under section 320D(3)(b) of the Act unless a written notice is given under section 320D(3)(a) of the Act for the event. (3) Without limiting subsection (1), the prescribed way includes the following— Page 40 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 2 Contaminated land [s 67] (a) by radio or television broadcast; (b) in a newspaper; (c) by erecting or installing a sign with a surface area of at least 1m2 in the vicinity of the affected land. (4) In this section— event means an event mentioned in section 320A(1) of the Act. Part 2 Contaminated land

67 Prescribed waste for notifiable activity—Act, sch 3 Regulated waste is prescribed waste for schedule 3, item 37 of the Act. Part 3 Noise Division 1 Prescribed standards

68 Prescribed standards for particular noise standards (1) For section 440K of the Act, definition background level, the prescribed standard is AS 1055. (2) For section 440K of the Act, definitions Z Peak and Z Peak Hold, the prescribed standard is AS IEC 61672. Editor’s note— A copy of the prescribed standards may be inspected, free of charge, during business hours at the department’s head office at level 3, 400 George Street, Brisbane. Current as at 1 October 2014 Page 41 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 3 Noise [s 69] Division 2 Measuring noise

69 Purpose of div 2 This division provides for ways in which noise may be measured to help in deciding whether an environmental nuisance has been caused, or a noise standard has been contravened, by an emission of noise. Note— See sections 440 (Offence of causing environmental nuisance) and

440Q (Offence of contravening a noise standard) of the Act.

70 Definition for div 2 In this division— source noise means a noise from a person, place or thing that— (a) is measured over a time interval of at least 15 minutes or, if the noise continues for less than 15 minutes, the duration of the source noise; and (b) allows for adjustments under AS 1055 for tonal character and impulsiveness of sound; and (c) is quoted to the nearest whole number of decibels.

71 Measuring background level Background level may be measured by applying the relevant procedure under— (a) AS 1055; or (b) the noise measurement manual.

72 Measuring source noise Source noise may be measured by applying the relevant procedure under— Page 42 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 3 Noise [s 73] (a) AS 1055; or (b) the noise measurement manual.

73 Measuring source noise for particular noise standards (1) Source noise for a noise standard under section 440T, 440U or 440V of the Act may be measured as LA90, T. (2) Source noise for a noise standard under section 440W, 440X or 440Y of the Act may be measured as LAeq,T. (3) In this section— LAeq, T means the value of the A-weighted sound pressure level of a continuous steady sound that within a measurement time interval (T) has the same mean square sound pressure as a sound under consideration the level of which varies over time.

74 Measurement of noises of same type from same premises If 2 or more noises of the same type happen simultaneously at the same premises, they may be measured as if they are 1 noise of that type happening at the premises. Examples—

1 A number of concerts happen simultaneously at different places at the same premises. A building is affected by noise from more than 1 of the concerts. The noises may be measured as if they were from 1 concert.

2 A premises is used as a stopover depot for trucks with refrigerators. A building is affected by noise from the use of more than 1 of the refrigerators. The noises may be measured as if they were from 1 refrigerator.

75 Prescribed instruments—Act, s 490(8) Each instrument, equipment and installation identified in AS IEC 61672 is prescribed for section 490(8) of the Act. Current as at 1 October 2014 Page 43 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 4 Water contamination [s 76]

76 Evidentiary provision A copy of each of the following is admissible in evidence in a proceeding under the Act— (a) AS 1055; (b) the noise measurement manual. Part 4 Water contamination

77 Prescribed water contaminants for Act, ch 8, pt 3C Each of the contaminants mentioned in schedule 9 is prescribed as a contaminant for chapter 8, part 3C of the Act. Part 5 Air contamination

78 Prescribed standard for particular offences relating to air contamination For section 440ZL of the Act, the prescribed standard is ‘AS/NZS 4013:1999—Domestic solid fuel burning appliances–Method for determination of flue gas emission’. Editor’s note— A copy of the prescribed standard may be inspected, free of charge, during business hours at the department’s head office at level 3, 400 George Street, Brisbane. Page 44 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 6 Record keeping requirements for particular fuel suppliers [s 79] Part 6 Record keeping requirements for particular fuel suppliers

79 Application of pt 6 This part states the records that a person must keep under section 440ZY(2) of the Act.

80 Records kept by manufacturer (1) This section applies if the person manufactures the fuel. (2) The person must keep records of the following matters— (a) the kind and grade of fuel manufactured, or its product code; (b) the quantity of fuel manufactured; (c) details of any testing done on the fuel, including— (i) the date of each test; and (ii) records by which the fuel tested can be traced to delivery docket numbers for the fuel; and (iii) the test methods used; and (iv) the results of the tests; (d) for each supply of fuel— (i) how the fuel was supplied; and (ii) the quantity supplied; and (iii) the kind and grade of fuel, or its product code; and (iv) to whom it was supplied; and (v) delivery docket numbers; (e) records by which the fuel supplied can be traced to delivery docket numbers for the fuel; (f) records by which each receipt of fuel into the person’s tanks can be traced to fuel supplied from the tanks; Current as at 1 October 2014 Page 45 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 6 Record keeping requirements for particular fuel suppliers [s 81] (g) stock reconciliation records. (3) Subsection (2)(g) does not apply to fuel for which it is not possible for the person to keep separate reconciliation records.

81 Records kept by importer (1) This section applies if the person imports the fuel. (2) The person must keep records of the following matters— (a) the kind and grade of fuel manufactured, or its product code; (b) the quantity of fuel manufactured; (c) details of any testing done on the fuel, including— (i) the date of each test; and (ii) records by which the fuel tested can be traced to delivery docket numbers for the fuel; and (iii) the test methods used; and (iv) the results of the tests; (d) for each supply of fuel— (i) how the fuel was supplied; and (ii) the quantity supplied; and (iii) the kind and grade of fuel, or its product code; and (iv) to whom it was supplied; and (v) delivery docket numbers; (e) records by which the fuel supplied can be traced to delivery docket numbers for the fuel; (f) records by which each receipt of fuel into the person’s tanks can be traced to fuel supplied from the tanks; (g) stock reconciliation records. (3) Subsection (2)(g) does not apply to fuel for which it is not possible for the person to keep separate reconciliation records. Page 46 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 7 Wetlands [s 81A] Part 7 Wetlands

81A Environmental values for wetlands For section 9(b) of the Act, the qualities of a wetland that support and maintain the following are environmental values— (a) the health and biodiversity of the wetland’s ecosystems; (b) the wetland’s natural state and biological integrity; (c) the presence of distinct or unique features, plants or animals and their habitats, including threatened wildlife, near threatened wildlife and rare wildlife under the Nature Conservation Act 1992; (d) the wetland’s natural hydrological cycle; (e) the natural interaction of the wetland with other ecosystems, including other wetlands. Part 8 Statutory condition for environmental authority for particular resource activities

81B Prescribed maximum amount for chemicals—Act, s 206 (1) For section 206(4)(a) of the Act, definition restricted stimulation fluids, the prescribed maximum amounts are as follows— (a) for benzene—1 part in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid; Current as at 1 October 2014 Page 47 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 8 Statutory condition for environmental authority for particular resource activities [s 81B] (b) for ethylbenzene—80 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid; (c) for toluene—180 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid; (d) for m-xylene—75 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid; (e) for o-xylene—350 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid; (f) for p-xylene—200 parts in a billion in any chemical additive, or combination of chemical additives, included in the restricted stimulation fluid. (2) For section 206(4)(b) of the Act, definition restricted stimulation fluids, the prescribed maximum amount of a chemical is the amount of the chemical that produces or would be likely to produce, whether on its own or in combination with another chemical, more than any of the following as it breaks down in the environment— (a) 1 part in a billion of benzene; (b) 80 parts in a billion of ethylbenzene; (c) 180 parts in a billion of toluene; (d) 75 parts in a billion of m-xylene; (e) 350 parts in a billion of o-xylene; (f) 200 parts in a billion of p-xylene. (3) To remove any doubt, it is declared that the amount of a chemical mentioned in subsection (1) or (2) is not measured in relation to water included in the restricted stimulation fluid. Page 48 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 9 Waste tracking [s 81C] Part 9 Waste tracking Division 1 Preliminary

81C Waste transportation to which this part applies (1) This part applies to the transportation of regulated waste of a type stated in schedule 2E (trackable waste). (2) However, this part does not apply to— (a) the non-commercial transportation of less than 250kg of trackable waste; or (b) the transportation of trackable waste in a pipeline; or (c) the transportation of trackable waste under an exemption given by the administering authority under section 81Y; or (d) the transportation of trackable waste in a container if— (i) the amount of trackable waste is not more than 5% of the capacity of the container; and (ii) the container is being transported to a place to be refilled with the same substance as the waste, without undergoing a process before the refilling; or (e) the transportation of power station fly ash to a place for use in the treatment of waste in a way that involves combining the waste with the ash; or (f) the transportation of trackable waste to an accredited laboratory for analysis; or (g) the transportation of trackable waste in an emergency, if the transportation is to protect the environment, human health or property; or (h) the transportation of chemicals from a farm if— (i) the chemicals are transported by— Current as at 1 October 2014 Page 49 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 9 Waste tracking [s 81D] (A) the owner or occupier of the farm; or (B) another person for free; and (ii) the chemicals are being transported to a place that disposes of agricultural or veterinary chemicals in accordance with a product stewardship; or (i) the transportation of trackable waste in accordance with a product recall— (i) by the Australian Pesticides and Veterinary Medicines Authority; or (ii) reported to Food Standards Australia New Zealand; or (iii) by the Therapeutic Goods Administration; or (j) the transportation of trackable waste to a place for use as stock food; or (k) the transportation of trackable waste to a farm for use as a soil conditioner or fertiliser. (3) In this section— accredited laboratory means a laboratory accredited by the National Association of Testing Authorities.

81D Waste handlers (1) If there is a transportation of trackable waste to which this part applies, the following persons are the waste handlers for the waste— (a) the person (the generator) from whom the trackable waste is transported (whether the person generated the waste or received it from someone else); (b) the person (the transporter) who transports the waste; (c) the person (the receiver) to whom the waste is transported. Page 50 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 9 Waste tracking [s 81E] (2) If a person acts in more than 1 of the capacities mentioned in subsection (1), the person must comply with this part for each of the capacities. Example— A person generates a load of trackable waste and transports it to someone else for treatment. The first person must comply with this part, in relation to the load, as both the generator and transporter of the waste. Division 2 Prescribed matters for giving of information

81E Prescribed information For this part, the prescribed information that a waste handler must record, or give to the administering authority or another waste handler, is the relevant information stated in schedule 2F.

81F Prescribed way of giving information For this part, the prescribed way of giving prescribed information about waste to the administering authority is— (a) giving the information in the prescribed form; or (b) giving the information in another way the administering executive has approved under section 81W.

81G Prescribed time for giving information For this part, the prescribed time for giving prescribed information about waste to the administering authority is— (a) if the information is given in the prescribed form—7 days; or (b) if the information is given in another way approved under section 81W—the time stated in the approval as the prescribed time for giving the information. Current as at 1 October 2014 Page 51 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 9 Waste tracking [s 81H] Division 3 Obligations of waste handlers Subdivision 1 Transportation within Queensland

81H Application of sdiv 1 This subdivision applies to the transportation of trackable waste from a generator in Queensland to a receiver in Queensland.

81I Responsibilities of generator (1) When the generator gives the waste to the transporter, the generator must— (a) give to the transporter the prescribed information about the waste in the prescribed form; and (b) record the prescribed information about the waste. Maximum penalty—20 penalty units. (2) The generator must give the prescribed information about the waste to the administering authority in the prescribed way and within the prescribed time after giving the waste to the transporter. Maximum penalty—20 penalty units. (3) The generator must keep the record mentioned in subsection (1)(b) for at least 5 years. Maximum penalty—20 penalty units.

81J Responsibilities of transporter (1) While transporting the waste in Queensland, the transporter must carry a document containing the information received from the generator under section 81I(1)(a). Maximum penalty—20 penalty units. Page 52 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 9 Waste tracking [s 81K] (2) When the transporter gives the waste to the receiver, the transporter must— (a) give to the receiver the prescribed information about the waste; and (b) record the prescribed information about the waste. Maximum penalty—20 penalty units. (3) Within 7 days of becoming aware of a discrepancy in information received from the generator under section 81I(1)(a), the transporter must give written notice of the discrepancy to the administering authority. Maximum penalty—20 penalty units. (4) The transporter must keep the record mentioned in subsection (2)(b) for at least 5 years. Maximum penalty—20 penalty units.

81K Responsibilities of receiver (1) When the transporter gives the waste to the receiver, the receiver must record the prescribed information about the waste. Maximum penalty—20 penalty units. (2) The receiver must give the prescribed information about the waste to the administering authority in the prescribed way and within the prescribed time after receiving the waste from the transporter. Maximum penalty—20 penalty units. (3) Within 7 days of becoming aware of a discrepancy in the information received from the transporter under section 81J(2)(a), the receiver must give written notice of the discrepancy to the administering authority. Maximum penalty—20 penalty units. (4) The receiver must keep the record mentioned in subsection (1) for at least 5 years. Current as at 1 October 2014 Page 53 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 9 Waste tracking [s 81L] Maximum penalty—20 penalty units.

81L Responsibilities of waste handler acting in more than 1 capacity (1) If a person is both the generator and the transporter— (a) section 81I(1)(a) does not apply; and (b) section 81I otherwise applies as if a reference to the generator giving the waste to the transporter were a reference to the person starting the transportation; and (c) section 81J(1) applies as if a reference to the information received from the generator were a reference to the information recorded by the person; and (d) section 81J(3) does not apply. (2) If a person is both the transporter and the receiver— (a) section 81J(2)(a) does not apply; and (b) section 81K(3) does not apply; and (c) sections 81J and 81K otherwise apply as if a reference to the transporter giving the waste to the receiver were a reference to the person completing the transportation of the waste. Subdivision 2 Transportation into Queensland

81M Application of sdiv 2 This subdivision applies to the transportation of trackable waste from a generator outside Queensland to a receiver in Queensland. Page 54 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 9 Waste tracking [s 81N]

81N Responsibilities of transporter (1) The transporter must not transport the waste into Queensland unless the administering executive has, under section 81X, assigned a consignment number to— (a) the load being transported; or (b) the loads being transported over a 12-month period. Maximum penalty—20 penalty units. (2) Before transporting the waste into Queensland, the transporter must obtain from the generator the information about the waste mentioned in schedule 2F, section 1(2), other than the generator’s identification number and a unique identifier for the load. (3) While transporting the waste in Queensland, the transporter must carry a document— (a) stating the consignment number, if any, assigned to the load by the administering executive; and (b) containing the information mentioned in subsection (2). Maximum penalty—20 penalty units. (4) When the transporter gives the waste to the receiver, the transporter must— (a) give to the receiver the prescribed information about the waste; and (b) record the prescribed information about the waste. Maximum penalty—20 penalty units. (5) Within 7 days of becoming aware of a discrepancy in information obtained under subsection (2), the transporter must give written notice of the discrepancy to the administering authority. Maximum penalty—20 penalty units. (6) The transporter must keep the record mentioned in subsection (4)(b) for at least 5 years. Current as at 1 October 2014 Page 55 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 9 Waste tracking [s 81O] Maximum penalty—20 penalty units.

81O Responsibilities of receiver (1) When the transporter gives the waste to the receiver, the receiver must record the prescribed information about the waste. Maximum penalty—20 penalty units. (2) The receiver must give the prescribed information about the waste to the administering authority in the prescribed way and within the prescribed time after receiving the waste from the transporter. Maximum penalty—20 penalty units. (3) Within 7 days of becoming aware of a discrepancy in the information received from the transporter under section 81N(4)(a), the receiver must give written notice of the discrepancy to the administering authority. Maximum penalty—20 penalty units. (4) The receiver must keep the record mentioned in subsection (1) for at least 5 years. Maximum penalty—20 penalty units.

81P Responsibilities of waste handler acting in more than 1 capacity If a person is both the transporter and the receiver— (a) section 81N(4)(a) does not apply; and (b) section 81O(3) does not apply; and (c) sections 81N and 81O otherwise apply as if a reference to the transporter giving the waste to the receiver were a reference to the person completing the transportation of the waste. Page 56 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 9 Waste tracking [s 81Q] Subdivision 3 Transportation out of Queensland

81Q Application of sdiv 3 This subdivision applies to the transportation of trackable waste from a generator in Queensland to a receiver outside Queensland.

81R Responsibilities of generator (1) When the generator gives the waste to the transporter, the generator must— (a) give to the transporter the prescribed information about the waste; and (b) record the prescribed information about the waste. Maximum penalty—20 penalty units. (2) The generator must give the prescribed information about the waste to the administering authority in the prescribed way and within the prescribed time after giving the waste to the transporter. Maximum penalty—20 penalty units. (3) The generator must keep the record mentioned in subsection (1)(b) for at least 5 years. Maximum penalty—20 penalty units.

81S Responsibilities of transporter (1) While transporting the waste in Queensland, the transporter must carry a document containing the information received from the generator under section 81R(1)(a). Maximum penalty—20 penalty units. (2) Within 7 days of becoming aware of a discrepancy in information received from the generator under section Current as at 1 October 2014 Page 57 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 9 Waste tracking [s 81T] 81R(1)(a), the transporter must give written notice of the discrepancy to the administering authority. Maximum penalty—20 penalty units.

81T Responsibilities of waste handler acting in more than 1 capacity If a person is both the generator and the transporter— (a) section 81R(1)(a) does not apply; and (b) section 81R otherwise applies as if a reference to the generator giving the waste to the transporter were a reference to the person starting the transportation of the waste; and (c) section 81S(1) applies as if a reference to the information received from the generator were a reference to the information recorded by the person; and (d) section 81S(2) does not apply. Division 4 Miscellaneous

81U Application of provisions to agents (1) This section applies if— (a) a waste handler is required by a provision of division 3 (the waste tracking provision) to do something; and (b) the waste handler enters a written agreement with another person (the agent) to do the thing for the waste handler; and (c) the agreement states the agent is aware of subsection (3). (2) It is a defence to a charge of contravening the waste tracking provision for the waste handler to show— Page 58 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 9 Waste tracking [s 81V] (a) the waste handler entered the agreement with the agent; and (b) the contravention was directly caused by a failure of the agent to do something in compliance with the agreement. (3) The waste tracking provision applies to the agent, to the extent the agent has agreed to do something required by the provision, as if a reference in the provision to the waste handler were a reference to the agent.

81V Giving information to administering authority in prescribed form (1) The chief executive must prepare forms (each a prescribed form) for use in giving information to the administering authority under division 3. (2) Each form must be marked with a different number (consisting of numbers, letters or both) for use as a unique identifier. (3) The chief executive must make the forms available to the public, whether published on the department’s website or otherwise, on payment of a reasonable fee. (4) If a person obtains a prescribed form from the chief executive and uses it to give information to the administering authority under division 3 about the transportation of trackable waste, the number marked on the form under subsection (2) is the unique identifier for the load of waste.

81W Approval of ways of giving information to administering authority (1) A person may apply to the administering executive for approval of a particular way of giving prescribed information to the administering authority under division 3. (2) The applicant must, within the time required by the administering executive— Current as at 1 October 2014 Page 59 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 9 Waste tracking [s 81W] (a) give the administering executive the information the executive reasonably requires to decide the application; and (b) pay the reasonable fee required by the executive for assessing the application. (3) If the applicant does not comply with subsection (2), the application lapses. (4) The administering executive may approve the way of giving prescribed information if the executive is satisfied— (a) it is a reliable, effective, timely and efficient way for the information to be given to the administering authority; and (b) the information will be secure while it is being given; and (c) the information will be given in a form that enables the authority to access, record and otherwise deal with the information; and (d) it includes a system for assigning an appropriate unique identifier (consisting of numbers, letters or both) to each transportation of trackable waste for which information is given; and (e) it would otherwise be an appropriate way for the information to be given. Example— The administering executive may approve a system under which a person transmits information from the person’s database direct to the administering authority in a particular electronic form. Under the system, the information given about the transportation of a load includes a unique identifier consisting of the first 3 letters of the transporter’s name, the date and the number of the load being transported on that day. (5) An approval under subsection (4) may be given on reasonable conditions. Page 60 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 9 Waste tracking [s 81X] (6) After the administering executive decides the application, the administering executive must give the applicant a written notice stating the following— (a) whether the application is approved or refused; (b) if the application is approved— (i) any conditions of the approval; and (ii) the prescribed time for giving the information; (c) if the application is refused—the reasons for the decision; (d) the review of appeal details for the decision. (7) If the administering executive has not decided the application by the due day, the application is taken to have been refused. (8) To remove doubt, it is declared that the administering executive may approve, under this section, a way of giving information, even though no-one has applied for the approval. (9) In this section— due day, for deciding an application, means— (a) the sixtieth day after the application is made, not including a day the administering executive asks for information under subsection (2)(a), a day the applicant gives the requested information, and any days in between; or (b) any later day agreed between the administering executive and the applicant.

81X Consignment numbers for waste transported into Queensland (1) A person may apply to the administering executive for a consignment number for— (a) a load of trackable waste to be transported into Queensland from another State; or Current as at 1 October 2014 Page 61 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 9 Waste tracking [s 81X] (b) loads of trackable waste to be transported into Queensland from another State over a 12-month period. (2) The application must be in the approved form. (3) The applicant must give to the administering executive any of the following information the executive requests— (a) information mentioned in schedule 2F, section 1, about the load; (b) information the executive reasonably requires to decide the application. (4) The administering executive must approve the application for a consignment number if the executive is satisfied— (a) the intended transporter holds, or is acting under, an environmental authority for transporting the waste to the intended receiver; and (b) the intended receiver holds, or is acting under, an environmental authority for carrying out the intended treatment of the waste. (5) After the administering executive decides the application, the administering executive must give the applicant a written notice stating the following— (a) whether the application is approved or refused; (b) if the application if approved—the consignment number assigned to the load or loads of trackable waste; (c) if the application is refused— (i) the reasons for the decision; and (ii) the review or appeal details for the decision. (6) If the administering executive has not decided the application by the due day, the executive is taken to have refused the application. (7) In this section— due day, for deciding an application, means— Page 62 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 9 Waste tracking [s 81Y] (a) the tenth business day after the application is made, not including a day the administering executive asks for information under subsection (3), a day the applicant gives the requested information, and any days in between; or (b) any later day agreed between the administering executive and the applicant. intended treatment, for trackable waste to be transported into Queensland, means the way the waste is to be treated, disposed of, stored or otherwise dealt with by the receiver.

81Y Exemptions (1) A person may apply to the administering authority for an exemption for the transportation of trackable waste to which this part applies. Note— See section 81C for the trackable waste to which this part applies. (2) The person must give the administering authority the information the authority reasonably requires to decide the application. (3) The administering authority may grant the exemption if the authority is satisfied the waste does not show any environmentally significant characteristics. Example— A person operates a food processing facility. Waste from the facility includes filter cake (a trackable waste), which the person sends away for disposal at the end of each week. The filter cake derives only from the washing of vegetables and consists almost entirely of sand and dirt. Analysis of the filter cake establishes that it does not show any environmentally significant characteristics. The administering authority decides to grant the person an exemption for the transportation of each of these weekly loads. The exemption is given on conditions about the process that generates the filter cake, to ensure it will not show any environmentally significant characteristics. (4) An exemption may be given on reasonable conditions. Current as at 1 October 2014 Page 63 Environmental Protection Regulation 2008 Chapter 5 Matters relating to environmental management and environmental offences Part 9 Waste tracking [s 81Z] (5) After the administering executive decides the application, the administering executive must give the applicant a written notice stating the following— (a) whether or not the exemption is granted; (b) if the exemption is granted—any conditions of the exemption; (c) if the exemption is refused—the reasons for the decision; (d) the review or appeal details for the decision. (6) If the administering authority has not decided the application for exemption by the due day, the authority is taken to have refused the application. (7) In this section— due day, for deciding an application, means— (a) the thirtieth day after the application is made, not including a day the administering authority asks for information it reasonably requires to decide the application, a day the applicant gives the requested information, and any days in between; or (b) any later day agreed between the administering authority and the applicant.

81Z Emergencies If a person is charged with an offence against a provision of this part, it is a defence to the charge for the person to prove the act or omission constituting the failure to comply with the provision— (a) was carried out, or happened, in the exercise of a power under chapter 9, part 4 of the Act; or (b) was carried out, or happened, under an emergency direction; or (c) was reasonably necessary because of an emergency. Page 64 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 5A Waste management by local governments Part 1 Preliminary [s 81ZA]

81ZA Trackable waste to be given only to licensed transporter (1) A generator of trackable waste must not give the waste to another person to transport it for a fee or reward, or in a load of more than 250kg, in a vehicle unless the other person holds, or is acting under, an environmental authority for transporting the waste in the vehicle. Maximum penalty—20 penalty units. (2) If a person is charged with an offence under subsection (1), it is a defence to the charge for the person to prove there were reasonable grounds for believing the other person had an environmental authority for transporting the waste in the vehicle.

81ZB Generator identification number On application by a person in the approved form, the administering executive must assign the person a generator identification number. Note— The generator identification number is mentioned in the prescribed information for a generator under schedule 2F, section 1. Chapter 5A Waste management by local governments Part 1 Preliminary

81ZC Application of ch 5A This chapter applies to a local government area unless— (a) the local government for the area makes a local law about waste management for the area; and Current as at 1 October 2014 Page 65 Environmental Protection Regulation 2008 Chapter 5A Waste management by local governments Part 1 Preliminary [s 81ZD] (b) the local law states it replaces this chapter. Note— Section 81ZU states that this chapter expires on 1 September 2016.

81ZD References to local government In this chapter, a reference to a local government in the context of dealing with waste produced at relevant premises is a reference to the local government for the local government area in which the relevant premises is situated.

81ZE Meaning of serviced premises Relevant premises in a local government area are serviced premises if— (a) the relevant premises are in an area designated by the local government under the Waste Reduction and Recycling Regulation 2011, section 7 as an area in which the local government may conduct general waste collection; or (b) the local government has required the owner or occupier of the relevant premises to arrange for removal of general waste from the relevant premises. Page 66 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 5A Waste management by local governments Part 2 Waste management in local government areas [s 81ZF] Part 2 Waste management in local government areas Division 1 Storage of general waste

81ZF Owner or occupier of relevant premises to supply waste containers (1) The owner or occupier of relevant premises in a local government area must— (a) subject to subsection (2), supply enough standard general waste containers at the relevant premises to contain the general waste produced at the premises; or (b) if required by the local government, supply at the relevant premises, enough waste containers, other than standard general waste containers, to contain the general waste produced at the relevant premises. Examples of ways a local government may require waste containers for paragraph (b)— by a local law, resolution of the local government, development approval for the premises Maximum penalty—20 penalty units. (2) However, subsection (1)(a) does not apply if the local government supplies to the relevant premises the number of standard general waste containers the local government reasonably considers is required at the relevant premises. (3) If the local government supplies a standard general waste container to relevant premises under subsection (2), the reasonable cost of supplying the container is a debt payable by the owner or occupier of the relevant premises to the local government. (4) However, subsection (3) does not prevent a local government from supplying a standard general waste container to relevant Current as at 1 October 2014 Page 67 Environmental Protection Regulation 2008 Chapter 5A Waste management by local governments Part 2 Waste management in local government areas [s 81ZG] premises without cost to the owner or occupier of the relevant premises.

81ZG Requirements for storing general waste in waste containers (1) The occupier of relevant premises must— (a) store general waste at the relevant premises in a standard general waste container or, if required by the local government, in another type of waste container; and Examples of ways a local government may require waste to be stored in another type of waste container— by a local law, resolution of the local government, development approval for the premises (b) keep each waste container at the relevant premises clean and in good repair; and (c) ensure that each waste container at the relevant premises is securely covered, except when the waste is being placed in, or removed from, the container or the container is being cleaned. Maximum penalty—20 penalty units. (2) A person must not— (a) place any of the following in a waste container— (i) a liquid, semi-liquid or moist substance, unless the substance is securely wrapped or contained to prevent the substance leaking from the wrapper or container; (ii) material that is smouldering or aflame; (iii) matter or a thing that is alive; or (b) remove or disturb the cover of a waste container, except when placing waste in or cleaning the container; or Page 68 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 5A Waste management by local governments Part 2 Waste management in local government areas [s 81ZH] (c) use or damage a waste container so that it is not weatherproof or serviceable or can not be securely covered; or (d) disturb or otherwise interfere with the contents of a waste container. Maximum penalty—20 penalty units. (3) The occupier of the relevant premises must not allow a person to place a thing in a waste container at the premises in contravention of subsection (2)(a). Maximum penalty—20 penalty units. (4) It is a defence in a proceeding against a person for an offence under subsection (3) for the person to prove the contravention was due to causes over which the person had no control.

81ZH General requirements for keeping waste containers at serviced premises (1) Subject to subsection (2), the occupier of serviced premises must ensure that a waste container supplied for the premises is kept— (a) if the local government requires the container be kept at a particular place at the premises—at the place; or Examples of ways a local government may require waste containers to be kept at a particular place— by a local law, resolution of the local government, development approval for the premises (b) otherwise—at ground level close to the rear alignment of a building at the premises. Maximum penalty—20 penalty units. (2) Subsection (1) does not prevent the occupier of the serviced premises from placing a waste container in a place outside the premises for the collection of general waste from the container, if— Current as at 1 October 2014 Page 69 Environmental Protection Regulation 2008 Chapter 5A Waste management by local governments Part 2 Waste management in local government areas [s 81ZI] (a) the local government has arranged to collect waste from the container at the place; and (b) the container is in the place for no longer than— (i) the period, if any, allowed under a local law of the local government; or (ii) is otherwise reasonably appropriate before and after the collection. Example of a place outside serviced premises— the kerb adjacent to the serviced premises (3) If a local government has arranged for the collection of general waste from a waste container at the serviced premises, the occupier of the premises must ensure there is unobstructed access to the container for removal of the waste. Maximum penalty—20 penalty units. (4) It is a defence in a proceeding against a person for an offence under subsection (3) for the person to prove the contravention was due to causes over which the person had no control.

81ZI Other requirements for storing general waste at particular serviced premises (1) This section applies to any of the following persons (each a prescribed person) for serviced premises, other than a single detached dwelling— (a) the owner or occupier of the premises; (b) the registered suitable operator for a prescribed environmentally relevant activity carried out at the premises; (c) the holder of an environmental authority for a mining activity or petroleum activity carried out at the premises. (2) The prescribed person must, if required by the local government, ensure each of the following is supplied at the premises— Page 70 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 5A Waste management by local governments Part 2 Waste management in local government areas [s 81ZJ] (a) either— (i) an elevated stand at a level required by the local government for holding all waste containers; or (ii) an imperviously paved area, drained as required by the local government, where all waste containers can be placed; (b) a hose cock and hose in the vicinity of the stand or paved area; (c) a suitable enclosure for the area where the waste containers are kept. Examples of ways a local government may require a prescribed person to comply with subsection (2)— by a local law, resolution of the local government, development approval Maximum penalty for subsection (2)—20 penalty units. Division 2 Removal of general waste

81ZJ Local government may give notice about removal of general waste (1) This section applies to a local government that has arranged for the removal of general waste produced at a relevant premises. (2) The local government may give the occupier of the relevant premises a written notice stating— (a) the days on which the waste is to be collected; and (b) where the waste container is to be placed for collection of the waste (the designated location); and (c) the time by which the waste container is to be placed in the designated location for collection of the waste. Current as at 1 October 2014 Page 71 Environmental Protection Regulation 2008 Chapter 5A Waste management by local governments Part 2 Waste management in local government areas [s 81ZK]

81ZK Depositing or disposal of general waste from premises other than serviced premises (1) This section applies if general waste is produced at a relevant premises, other than serviced premises. (2) The local government may— (a) give a written approval to the owner or occupier of the relevant premises for depositing or disposing of the waste; and (b) impose conditions on the approval, including, for example, conditions about— (i) the place for depositing or disposing of the waste; or (ii) the method of depositing or disposing of the waste. (3) A person must not deposit or dispose of the waste unless the person deposits or disposes of the waste— (a) at a waste facility in accordance with part 3; or (b) in accordance with— (i) an approval under subsection (2) for disposal of the waste; and (ii) if the approval has been given on conditions, the conditions of the approval. Maximum penalty for subsection (3)—20 penalty units. Division 3 Storage and treatment of industrial waste

81ZL Requirements for storing industrial waste (1) The occupier of relevant premises where there is industrial waste must, if required by the local government— (a) supply at the premises the number of industrial waste containers required by the local government for storing Page 72 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 5A Waste management by local governments Part 2 Waste management in local government areas [s 81ZM] the waste at the premises safely, efficiently and without causing a nuisance; and (b) keep the waste containers at a place at the premises the local government requires; and (c) keep each waste container clean and in good repair. Examples of ways a local government may require compliance with subsection (1)— by a local law, resolution of the local government, development approval Maximum penalty—20 penalty units. (2) If the occupier does not supply at the relevant premises the number of industrial waste containers required by the local government for subsection (1)(a), the local government may supply industrial waste containers at the premises. (3) If a local government supplies an industrial waste container to relevant premises under subsection (2), the reasonable cost of supplying the container is a debt payable by the occupier of the premises to the local government. (4) In this section— industrial waste container means a waste container of a type approved by the local government for storing industrial waste at premises within the local government’s area.

81ZM Requirement to treat industrial waste for disposal The occupier of relevant premises where there is industrial waste must, if required by the local government, treat the waste to a standard approved by the local government for disposal of the waste at a waste facility. Examples of ways a local government may require an occupier to treat industrial waste for disposal— by a local law, resolution of the local government, development approval for the premises Maximum penalty—40 penalty units. Current as at 1 October 2014 Page 73 Environmental Protection Regulation 2008 Chapter 5A Waste management by local governments Part 2 Waste management in local government areas [s 81ZN] Division 4 Compliance notices

81ZN Authorised person may give notice to comply (1) If an authorised person believes on reasonable grounds that a person (an affected person) has contravened division 1, 2 or 3, the authorised person may give the affected person a written notice about the contravention. (2) The notice must state— (a) the act or omission comprising the contravention; and (b) the action the affected person must take to rectify the alleged contravention; and (c) the day by which the affected person must take the action. (3) The stated day must be at least 28 days after the notice is given. (4) If an affected person is given a notice under subsection (1), the person must comply with the notice unless the person has a reasonable excuse for not complying with it. Maximum penalty—10 penalty units. (5) If an affected person is given a notice under subsection (1) in relation to an alleged contravention of division 1, 2 or 3, the person can be prosecuted for the contravention only if the person does not comply with the notice. (6) However, this section does not require an authorised person to give a person a notice under subsection (1) before the person may be prosecuted for a contravention of division 1, 2 or 3. Page 74 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 5A Waste management by local governments Part 3 Receiving and disposing of waste [s 81ZO] Part 3 Receiving and disposing of waste

81ZO Unlawful disposal of waste at waste facility (1) A person must not deposit the following waste at a waste facility— (a) liquid or semiliquid waste; (b) hot ash; (c) material that is smouldering or aflame; (d) material that can spontaneously combust; (e) material containing a substance that may be harmful to persons or property because, if it reacts with air or water, it may produce toxic gases or become corrosive or explosive; (f) an explosive; (g) ammunition, other than ammunition that no longer contains explosives, pyrotechnics or propellants apart from trace residues that are no longer capable of supporting combustion or an explosive reaction. Maximum penalty—20 penalty units. (2) Subsection (1) does not apply to waste deposited with the consent of— (a) the person who— (i) is the registered suitable operator for the facility; or (ii) holds an environmental authority for the facility; or (b) the person in charge of the facility.

81ZP Restrictions on burning waste at waste facility A person must not set fire to, or burn, waste at a waste facility other than— Current as at 1 October 2014 Page 75 Environmental Protection Regulation 2008 Chapter 5A Waste management by local governments Part 3 Receiving and disposing of waste [s 81ZQ] (a) under an environmental authority; or (b) under a development condition of a development approval; or (c) under the Fire and Emergency Services Act 1990. Maximum penalty—20 penalty units.

81ZQ Restrictions on use of waste facility (1) A person must not, without the consent of a waste facility’s owner or operator— (a) enter the facility other than to deposit waste; or (b) remain on the facility after depositing waste; or (c) interfere with waste at, or remove waste from, the facility. Maximum penalty—10 penalty units. (2) Subsection (1) does not apply to— (a) the facility’s owner or operator; or (b) an authorised person.

81ZR Waste transporter to comply with directions and give information (1) This section applies to a person who transports waste to a waste facility. (2) The person must— (a) comply with all relevant and reasonable directions contained in any sign displayed at the facility by the facility’s owner or operator; and (b) deal with the waste in accordance with reasonable instructions given by the person in charge of the facility; and Page 76 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 5A Waste management by local governments Part 4 Devolution of powers [s 81ZS] (c) if asked by the facility’s owner or operator—give information to the owner or operator about the type and amount of waste being delivered. Maximum penalty—10 penalty units. Part 4 Devolution of powers

81ZS Devolution—waste management in local government areas—Act, s 514 The administration and enforcement of part 2 is devolved to each local government for its local government area.

81ZT Devolution—receiving and disposing of waste—Act, s 514 The administration and enforcement of part 3, to the extent it relates to a waste facility owned, operated or otherwise controlled by a local government, is devolved to that local government. Part 5 Expiry

81ZU Expiry This chapter expires on 1 September 2016. Current as at 1 October 2014 Page 77 Environmental Protection Regulation 2008 Chapter 6 National Pollutant Inventory Part 1 Preliminary [s 82] Chapter 6 National Pollutant Inventory Part 1 Preliminary

82 Purpose of ch 6 The purpose of this chapter is to give effect to, and enforce compliance with, the ‘National Environment Protection (National Pollutant Inventory) Measure 1998’ (the NPI NEPM) made under the National Environment Protection Council Act 1994 (Cwlth), section 14. Editor’s note— The NPI NEPM is available for inspection, free of charge, during business hours, at the department’s head office. On the day this regulation was notified in the gazette, the NPI NEPM was also available on the website of the Department of the Environment at <www.npi.gov.au>.

83 Definitions for ch 6 In this chapter— published means published by the Commonwealth. reporting period, for a facility, means the facility’s reporting period under section 86. reporting requirement, for an occupier of a reporting facility, means the requirement for the occupier to give information to the chief executive under section 85(2) or (7). reporting threshold, for a substance, means the reporting threshold for the substance under the NPI NEPM. Page 78 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 6 National Pollutant Inventory Part 2 Reporting requirements [s 84]

84 Expressions in this part have same meaning as under NPI NEPM Unless this regulation provides otherwise, expressions in this part that are defined under the NPI NEPM have the same meaning as they have in the NPI NEPM. Part 2 Reporting requirements

85 Occupiers of reporting facilities to give information (1) This section applies to the occupier of a reporting facility that, under NPI NEPM, exceeds the reporting threshold for a substance in the facility’s reporting period. (2) The occupier must, within 3 months after the end of the reporting period, give the chief executive the following, unless the occupier has a reasonable excuse— (a) the information mentioned in NPI NEPM, section 9(1); (b) a statement about the information that complies with NPI NEPM, section 9(6). Maximum penalty—20 penalty units. (3) However, this section does not apply until— (a) the Commonwealth and the State agree that the ANZSIC code for 1 or more activities carried out at the facility (the code) is an industry type required to report under this measure; and (b) the Commonwealth has included the code on a published list as an industry type required to report under this measure; and (c) the Commonwealth publishes industry reporting materials for the code. Current as at 1 October 2014 Page 79 Environmental Protection Regulation 2008 Chapter 6 National Pollutant Inventory Part 2 Reporting requirements [s 86] (4) Also, this section does not apply to mandatory transfer data mentioned in NPI NEPM, section 9(1), until the Commonwealth publishes industry reporting materials for transfers. (5) Subsection (2) is subject to sections 94 and 96. (6) If the chief executive requires further information in relation to the information mentioned in NPI NEPM, section 9(1)(e) or (g), the chief executive may give the occupier a written notice stating— (a) the information required; and (b) why the information is required; and (c) a reasonable period of at least 30 business days for compliance; and (d) the review or appeal details for the decision to give the notice. (7) The occupier must comply with the notice unless the occupier has a reasonable excuse. Maximum penalty—20 penalty units.

86 Reporting period for reporting facility (1) The reporting period for a reporting facility is— (a) a financial year; or (b) if the chief executive decides the occupier of the facility is required to collect or collate data similar to emission data or mandatory transfer data on the basis of a different annual reporting period—the annual reporting period decided by the chief executive. (2) The chief executive may make a decision under subsection (1)(b)— (a) on the chief executive’s own initiative; or Page 80 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 6 National Pollutant Inventory Part 2 Reporting requirements [s 87] (b) on a written application for a particular reporting period (a reporting period application) made to the chief executive by the occupier. (3) As soon as practicable after making the decision, the chief executive must give the occupier a written notice (a reporting period notice) about the decision. (4) The reporting period notice about the decision is an information notice about the decision if— (a) the decision has been made on the chief executive’s own initiative; or (b) the occupier has made a reporting period application and the chief executive has refused it. (5) If the occupier makes a reporting period application and the chief executive fails to give the occupier a reporting period notice within 40 days after the application is made, the failure is taken to be a decision by the chief executive to refuse the application at the end of the 40 days.

87 Occupier must keep particular information for 3 years (1) Subsection (2) applies to the occupier of a reporting facility for keeping the information used in deciding if the reporting threshold for a substance is exceeded in the reporting period for the facility. (2) The occupier must keep the information for 3 years after the reporting period ends. Maximum penalty—20 penalty units. (3) Subsection (4) applies to the occupier of a reporting facility for keeping the information required to assess the emission data and mandatory transfer data given to the chief executive under section 85(2) or (7). (4) The occupier must keep the information for 3 years after— Current as at 1 October 2014 Page 81 Environmental Protection Regulation 2008 Chapter 6 National Pollutant Inventory Part 2 Reporting requirements [s 88] (a) the emission data and mandatory transfer data are required to be given to the chief executive under section 85(2); or (b) if the chief executive requires information under a notice given under section 85(6), the period for compliance stated in the notice. Maximum penalty—20 penalty units.

88 Minister may name occupier in report to council (1) This section applies to the occupier of a reporting facility if the Minister is satisfied the occupier has contravened any of the following (each of which is a relevant provision)— (a) section 85(2) or (7); (b) section 480 or 481 of the Act for giving information required to be given under section 85. (2) If the Minister is satisfied it is appropriate in the circumstances, the Minister may, in the Minister’s implementation report, name the occupier as a person who the Minister is satisfied has contravened a relevant provision. (3) In deciding whether it is appropriate in the circumstances to name an occupier in the implementation report, the Minister must have regard to the following relevant matters— (a) any mitigating or aggravating circumstances; (b) whether the occupier has previously contravened a relevant provision and any action taken against the occupier for the contravention; (c) whether naming the occupier would be unreasonably harsh or oppressive. (4) Before naming the occupier in the report, the Minister must give the occupier a written notice stating the following— (a) that the Minister proposes naming the occupier in the implementation report as a person who the Minister is satisfied has failed to comply with a relevant provision; Page 82 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 6 National Pollutant Inventory Part 3 Estimation techniques for emission and transfer data [s 89] (b) the grounds for the proposed action; (c) that the occupier may make, within a stated period (the show cause period) written representations to show why the proposed action should not be taken. (5) The show cause period must end not less than 28 days after the notice is given to the occupier. (6) The Minister must consider the written representations, if any, made by the occupier during the show cause period. (7) If after considering the representations the Minister still considers it is appropriate to name the person in the report, the Minister may do so. (8) The Minister must give the occupier written notice of the decision stating the following— (a) that the Minister has decided to name the occupier in the implementation report as a person who the Minister is satisfied has failed to comply with a relevant provision, and the reasons for the decision; (b) the review or appeal details for the decision. (9) In this section— implementation report means the Minister’s report to the council under the National Environment Protection Council (Queensland) Act 1994, section 23. Part 3 Estimation techniques for emission and transfer data

89 Occupier of reporting facility must use estimation technique (1) The occupier of a reporting facility must use a technique (an estimation technique) for estimating emission data and Current as at 1 October 2014 Page 83 Environmental Protection Regulation 2008 Chapter 6 National Pollutant Inventory Part 3 Estimation techniques for emission and transfer data [s 90] mandatory transfer data for complying with the facility’s reporting requirements. (2) The estimation technique must be— (a) a technique for estimating the data for the reporting facility, approved by the chief executive under section 92 or 93; or (b) if paragraph (a) does not apply—the technique for estimating the data set out in the industry reporting materials for the relevant type of reporting facility.

90 When chief executive may approve estimation technique The chief executive may approve an estimation technique for use by the occupier of a reporting facility (an estimation technique approval) if— (a) there is no estimation technique for estimating emission data and mandatory transfer data set out in the relevant industry reporting materials for the reporting facility; or (b) both— (i) there is an estimation technique (the existing technique) for estimating the data set out in the relevant industry reporting materials for the reporting facility; and (ii) the chief executive reasonably considers another technique is likely to provide more representative emission data and mandatory transfer data than the existing technique.

91 Application for approval of estimation technique (1) The occupier of a reporting facility may apply to the chief executive for an estimation technique approval (an estimation technique application). (2) The estimation technique application must— Page 84 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 6 National Pollutant Inventory Part 3 Estimation techniques for emission and transfer data [s 92] (a) set out the estimation technique for which approval is sought; and (b) give the information necessary to enable the chief executive to decide the application. (3) The chief executive may give the occupier a written notice asking the occupier to give to the chief executive, in the reasonable period stated in the notice, further information the chief executive reasonably considers necessary to decide the application. (4) A notice under subsection (3) is an information notice about the chief executive’s decision to ask for the further information.

92 Deciding estimation technique application (1) For deciding an estimation technique application, the chief executive must— (a) approve the estimation technique for which approval is sought (the proposed technique); or (b) refuse to approve the proposed technique; or (c) approve the proposed technique subject to a modification decided by the chief executive; or (d) approve another estimation technique. (2) In deciding whether to approve the proposed technique, or approve another estimation technique, the chief executive must have regard to the representativeness of the proposed technique compared with the representativeness of estimation techniques in the relevant industry reporting materials for the reporting facility. (3) The chief executive may refuse to approve the proposed technique if— (a) the chief executive has given the occupier a notice under section 91(3) asking for further information; and Current as at 1 October 2014 Page 85 Environmental Protection Regulation 2008 Chapter 6 National Pollutant Inventory Part 3 Estimation techniques for emission and transfer data [s 93] (b) the occupier does not comply with the request in the period stated in the notice. (4) The chief executive must give the occupier written notice of the decision under subsection (1) as soon as possible after making the decision. (5) If the chief executive decides to approve the technique subject to a modification, the notice must state the modification. (6) If the chief executive refuses to approve the proposed technique, approves it subject to a modification or approves another estimation technique, the chief executive must give an information notice about the decision. (7) Subsection (8) applies if the chief executive fails to give the occupier a notice about the chief executive’s decision— (a) within 40 days after the application is made; or (b) if the occupier gave the chief executive further information requested under section 91(3)—within 40 days after receiving the further information. (8) The chief executive’s failure to give the notice is taken to be a decision by the chief executive to refuse to approve the proposed technique.

93 Approval of estimation technique on chief executive’s initiative (1) The chief executive may, at any time, give an estimation technique approval for a reporting facility. (2) Before giving an estimation technique approval, the chief executive must give the occupier of the reporting facility a written notice stating that the chief executive will give the approval within a stated period of not less than 14 days unless the occupier makes an estimation technique application. (3) If the occupier does not make an estimation technique application within the stated period, the chief executive must give the occupier— Page 86 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 6 National Pollutant Inventory Part 4 Exceptions to reporting requirements [s 94] (a) a notice stating the estimation technique approved by the chief executive; and (b) an information notice about the decision to approve the estimation technique. Part 4 Exceptions to reporting requirements

94 Exemption on ground of national security (1) This section applies if the occupier of a facility gives the chief executive written evidence that— (a) the occupier has made a claim to the Commonwealth under NPI NEPM that information required to be given by the occupier under section 85(2) should be treated as confidential on the grounds of national security; and (b) the claim— (i) has been granted; or (ii) has not been assessed before the occupier is required to give the chief executive the information. (2) Subject to subsections (3) and (4), the occupier is exempted from giving the chief executive the information. (3) Subsection (4) applies if— (a) the exemption is given under subsection (1)(b)(ii); and (b) the Commonwealth refuses the claim after the occupier is required to give the chief executive the information. (4) The occupier must give the chief executive the information within the later of the following— (a) 3 months after the end of the reporting period; Current as at 1 October 2014 Page 87 Environmental Protection Regulation 2008 Chapter 6 National Pollutant Inventory Part 4 Exceptions to reporting requirements [s 95] (b) 10 business days after receiving notice of the Commonwealth’s decision to refuse the claim.

95 Claiming exemption on ground of commercial confidentiality (1) The occupier of a facility may, by written notice given to the chief executive, claim information that the occupier is required to give under section 85(2) or (7) should be treated as confidential on the grounds of commercial confidentiality. (2) The notice must contain the information necessary to enable the chief executive to decide the claim. (3) The chief executive may, by written notice to the occupier, ask the occupier to give the chief executive, in the reasonable period stated in the notice, further relevant information to enable the chief executive to decide the claim. (4) A notice under subsection (3) must be accompanied by an information notice about the chief executive’s decision to make the request.

96 Deciding claim for exemption on ground of commercial confidentiality (1) The chief executive may grant the claim only if the chief executive reasonably believes the information would be— (a) exempt information under the Right to Information Act 2009; or (b) information disclosure of which could reasonably be expected to cause a public interest harm as mentioned in the Right to Information Act 2009, schedule 4, part 4, item 7. (2) If the chief executive grants the claim— (a) the chief executive must give the occupier a notice about the decision; and Page 88 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 6 National Pollutant Inventory Part 4 Exceptions to reporting requirements [s 97] (b) the occupier is exempted from giving the chief executive the information for the period stated in the notice. (3) The chief executive may refuse to grant the claim if the chief executive has given the occupier a notice under section 95(3) asking for further information and the occupier does not comply with the request in the period stated in the notice. (4) The chief executive must give the occupier written notice of the chief executive’s decision on the claim. (5) If the chief executive refuses to grant the claim, the notice must be an information notice about the decision to refuse the claim. (6) Subsection (7) applies if the chief executive fails to give the occupier a notice about the chief executive’s decision on the claim— (a) within 60 days after the claim is made; or (b) if the occupier gave the chief executive further information under section 95(3)—within 60 days after receiving the further information. (7) The chief executive’s failure to give the notice is taken to be a decision by the chief executive to refuse to grant the claim at the end of the relevant 60 days. Part 5 Other matters

97 Information not to be used as evidence Information given by the occupier of a reporting facility under this chapter is not admissible in evidence in proceedings against the occupier, other than for an offence against section 480 or 481 of the Act. Current as at 1 October 2014 Page 89 Environmental Protection Regulation 2008 Chapter 7 Administration Part 1 Devolution of powers [s 98] Chapter 7 Administration Part 1 Devolution of powers Division 1 Matters devolved to local government

98 Environmental nuisance The administration and enforcement of the following provisions of the Act is devolved to each local government for its local government area— (a) section 440; (b) section 443, to the extent it relates to environmental nuisance.

99 Noise standards The administration and enforcement of the following provisions of the Act is devolved to each local government for its local government area— (a) section 440Q; (b) chapter 8, part 3B, division 3.

100 Water contamination The administration and enforcement of chapter 8, part 3C of the Act is devolved to each local government for its local government area.

101 Particular prescribed ERAs (1) The administration and enforcement of the Act in relation to the following prescribed ERAs is devolved to a prescribed Page 90 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 7 Administration Part 1 Devolution of powers [s 101] local government where the activity is, or is to be, carried out in its local government area— (a) each of the following prescribed ERAs— (i) asphalt manufacturing; (ii) plastic product manufacturing; (iii) metal forming; (b) each of the following prescribed ERAs carried out within the stated threshold mentioned for the activity— (i) metal recovery, for— (A) recovering less than 100t of metal in a day; or (B) recovering, without using a fragmentiser, 100t or more of metal in a day or 10,000t or more of metal in a year; (ii) surface coating, for anodising, electroplating, enamelling or galvanising using 1t to 100t of surface coating materials in a year; (iii) waste incineration and thermal treatment, for incinerating waste vegetation, clean paper or cardboard; (c) boat maintenance or repair, but only to the extent the activity is, or is to be, carried out at a boat maintenance or repair facility. Editor’s note— schedule 2, sections 6 (Asphalt manufacturing), 12 (Plastic product manufacturing), 19 (Metal forming), 20 (Metal recovery), 38 (Surface coating), 49 (Boat maintenance or repair) and 61(Waste incineration and thermal treatment) (2) In this section— prescribed local government means a local government, other than a local government mentioned in schedule 8A. Current as at 1 October 2014 Page 91 Environmental Protection Regulation 2008 Chapter 7 Administration Part 1 Devolution of powers [s 102]

102 Devolution includes statutory instruments under Act To remove any doubt, it is declared that the administration and enforcement of the Act in relation to a matter devolved to a local government under this division includes the administration and enforcement of statutory instruments made under the Act in relation to the matter. Division 2 Matters not devolved to local government

103 Clean-up and cost recovery notices Despite division 1, the administration and enforcement of chapter 7, parts 5B and 5C of the Act is not devolved to a local government, regardless of whether or not a matter to which part 5B or 5C of the Act relates is otherwise devolved to a local government.

104 Record keeping for particular fuel suppliers Despite section 101, the administration and enforcement of chapter 5, part 6 is not devolved to a local government, regardless of whether or not an activity to which the part relates is otherwise devolved to a local government.

105 Enforcing compliance with NPI NEPM Despite section 101, the administration and enforcement of chapter 6 is not devolved to a local government, regardless of whether or not an activity to which the chapter relates is otherwise devolved to a local government.

106 Particular acts, omissions or activities by State or local government entity (1) This section applies despite division 1. Page 92 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 7 Administration Part 1 Devolution of powers [s 107] (2) The administration and enforcement of a provision of the Act mentioned in sections 98 to 100 is not devolved to a local government if the administration and enforcement of the provision relates to— (a) a thing that is, or is claimed to have been, done, or omitted to be done, by a State or local government entity; or (b) an environmentally relevant activity that is not devolved to a local government. (3) The administration and enforcement of the Act in relation to an environmentally relevant activity is not devolved to a local government if the activity is, or is to be, carried out by a State or local government entity. (4) In this section— State or local government entity means— (a) the State; or (b) a local government; or (c) an instrumentality or agency of the State or a local government; or (d) a government owned corporation; or (e) a rail government entity under the Transport Infrastructure Act 1994.

107 Mobile and temporary activity across local government areas (1) This section applies if a mobile and temporary environmentally relevant activity is, or is to be, carried out by a person in more than 1 local government area. (2) Despite section 101, the administration and enforcement of the Act in relation to the activity is not devolved to a local government. Current as at 1 October 2014 Page 93 Environmental Protection Regulation 2008 Chapter 7 Administration Part 2 Enforcement [s 108]

108 Activity carried out at a facility with a non-devolved activity (1) This section applies to an environmentally relevant activity (the subject activity)— (a) that is, or is to be, carried out at a facility in a local government area; and (b) to which, other than for this section, section 101 would apply. (2) Despite section 101, the subject activity is not devolved to a local government if— (a) the subject activity includes carrying out another environmentally relevant activity (the coextensive activity) at the same facility; and (b) the administration and enforcement of the Act for the coextensive activity is not devolved to a local government. Part 2 Enforcement

109 Authorised persons—Act, s 445 For section 445(1)(c) of the Act, each of the following classes of persons is declared to be an approved class of persons— (a) employees of a local government who are appointed as authorised persons by the local government’s chief executive officer; (b) for the purposes only of sections 440J and 463A of the Act— (i) authorised officers appointed under the Brisbane Forest Park Act 1977, section 42; or Page 94 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 7 Administration Part 3 Review of decisions and appeal [s 110] (ii) authorised officers appointed under the Recreation Areas Management Act 2006, section 143; or (iii) conservation officers appointed under the Nature Conservation Act 1992, section 127(1); or (iv) inspectors appointed under the Marine Parks Act 2004, section 52. Part 3 Review of decisions and appeal

110 Original decisions and dissatisfied persons (1) Chapter 11, part 3 of the Act applies to the following decisions as if the decision were a decision mentioned in schedule 2, part 2 of the Act— (a) the following decisions of the administering executive— (i) a decision, under section 81W, to refuse a way of giving information; (ii) a decision, under section 81W, to approve a way of giving information subject to conditions; (iii) a decision, under section 81X, to refuse an application for a consignment number for the transportation of trackable waste; (b) a decision of the administering authority, under section 81Y— (i) to refuse an application (an exemption application) for an exemption for the transportation of particular trackable waste; or (ii) to approve an exemption application subject to conditions; (c) the following decisions of the chief executive— Current as at 1 October 2014 Page 95 Environmental Protection Regulation 2008 Chapter 7 Administration Part 3 Review of decisions and appeal [s 110] (i) a decision to request information under section 85(6) for assessing the integrity of emission data given by an occupier of a reporting facility; (ii) a decision under section 86(1)(b) about an annual reporting period for a reporting facility; (iii) a decision to request information under section 92(3); (iv) a decision to refuse to approve an estimation technique, or approve it subject to a modification under section 92(5); (v) a decision to request information to decide a claim for an exemption on the ground of commercial confidentiality under section 95(3); (vi) a decision to refuse to grant a claim for exemption on the ground of commercial confidentiality under section 96. (2) Chapter 11, part 3, division 1 and division 3, subdivision 2 of the Act apply to a decision of the Minister under section 88(8) to name the occupier of a reporting facility in the Minister’s implementation report as if the decision were a review decision. (3) For a decision mentioned in subsection (1)(a) or (b), the dissatisfied person is the applicant. (4) For a decision mentioned in subsection (1)(c) or (2), the dissatisfied person is the occupier of the reporting facility affected by the decision. Page 96 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 7 Administration Part 4 Registers [s 111] Part 4 Registers

111 Register of environmental reports The administering authority must keep in the register of environmental reports the following information for each environmental evaluation it requires to be conducted or commissioned— (a) the name of the recipient of the notice to conduct or commission the evaluation; (b) the type of the evaluation; (c) the day the notice requiring the evaluation is issued; (d) for an evaluation of an activity the recipient has carried out, is carrying out, or proposes to carry out— (i) the type of activity; and (ii) if the activity is an environmentally relevant activity—the authority number for the environmental authority under which the activity is carried out; and (iii) the address or location of the place where the activity has been, is being, or is proposed to be, carried out; (e) for an evaluation of an event—the nature of the event and where it happened; (f) the name of the person carrying out the evaluation; (g) the day the report about the evaluation is submitted to the administering authority; (h) the administering authority’s decision about the report; (i) the action taken by the administering authority after deciding whether or not to accept the report. Current as at 1 October 2014 Page 97 Environmental Protection Regulation 2008 Chapter 7 Administration Part 4 Registers [s 112]

112 Prescribed information—Act, s 540 (1) For section 540(1)(k) of the Act, the administering authority must keep the following information for each relevant monitoring program— (a) the name of the person carrying out the activity to which the program relates; (b) the type of the activity; (c) for an activity mentioned in paragraph (a) that is an environmentally relevant activity—the authority number for the environmental authority under which the activity is carried out; (d) the requirements under the program; (e) the name of the person carrying out the program; (f) the period covered by the program; (g) the results of the program and any action taken by the administering authority because of the results. (2) In this section— relevant monitoring program means a monitoring program carried out under the following— (a) the Act; (b) a development condition of a development approval; (c) a condition of an environmental authority.

113 Register of transitional environmental programs (1) The administering authority must keep in the register of transitional environmental programs the following information for each transitional environmental program submitted, or required to be submitted, to the authority— (a) the name of the person or public authority submitting or required to submit the program; Page 98 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 7 Administration Part 4 Registers [s 114] (b) the activity the person or public authority has carried out, is carrying out, or proposes to carry out for which the program is submitted or required to be submitted; (c) for an activity mentioned in paragraph (b) that is an environmentally relevant activity—the authority number for the environmental authority under which the activity is carried out; (d) the address or location of the place where the activity has been, is being, or is proposed to be, carried out; (e) the aims of the program; (f) the matters to be addressed by the program; (g) the period over which the program is to be carried out; (h) the day the program is submitted; (i) if a certificate of approval is given for the program, the day the certificate is given; (j) matters relating to compliance or noncompliance with the program. (2) Also, if a certificate of approval for the program is subject to a condition that the person or public authority prepare a public statement about the environmental management of the activity, a copy of the statement must be included in the register.

114 Register of environmental protection orders The administering authority must keep in the register of environmental protection orders the following information for each environmental protection order it issues— (a) the name of the recipient of the order; (b) the activity to which the order relates; (c) for an activity mentioned in paragraph (b) that is an environmentally relevant activity—the authority number Current as at 1 October 2014 Page 99 Environmental Protection Regulation 2008 Chapter 7 Administration Part 5 Suitably qualified persons and auditors [s 115] for the environmental authority under which the activity is carried out; (d) the address or location of the place where the activity has been, is being, or is proposed to be, carried out; (e) the grounds for issuing the order; (f) the requirements under the order; (g) the day the order is issued; (h) matters relating to compliance or noncompliance with the order.

115 Register of authorised persons The administering authority must keep in the register of authorised persons information about the limitations, if any, stated in the instrument of appointment for each authorised person mentioned in the register. Part 5 Suitably qualified persons and auditors

115A Prescribed organisations for suitably qualified persons and auditors Each organisation listed in schedule 8 is prescribed for— (a) section 564 of the Act, definition suitably qualified person, paragraph (b); and (b) section 572(b)(ii) of the Act. Page 100 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 7 Administration Part 5 Suitably qualified persons and auditors [s 115B]

115B Prescribed regulatory function For section 564 of the Act, definition regulatory function, paragraph (d), completing a statutory declaration under chapter 8, part 3 is prescribed.

115C Prescribed criteria—Act, s 568 (1) For section 568(b) of the Act, the following criteria are prescribed for an auditor’s evaluation of a site investigation report, validation report, draft site management plan or draft amendments of a site management plan prepared under chapter 7, part 8 of the Act— (a) the report or plan accurately includes the following information about the site the subject of the report or plan— (i) the reasons for listing the site on the environmental management register or contaminated land register; (ii) a description of all surface and subsurface infrastructure on the site, including details of the location, size and type of the infrastructure; (iii) a description of the surrounding area of the site, including the following— (A) a description of all category A environmentally sensitive areas in the surrounding area; (B) a description of all category B environmentally sensitive areas in the surrounding area; (C) the location of all water, watercourses and wetlands in the surrounding area; (D) the location of all stormwater drainage in the surrounding area; Current as at 1 October 2014 Page 101 Environmental Protection Regulation 2008 Chapter 7 Administration Part 5 Suitably qualified persons and auditors [s 115C] (E) a description of land uses in the surrounding area, including sensitive land uses that may affect the safety of the site or cause a risk to human health or another part of the environment; (F) a description of all activities carried out in the surrounding area that may affect the safety of the site or cause a risk to human health or another part of the environment; (iv) for any waste disposed of, or stored on the site, that contains, or may potentially contain, hazardous contaminants, details of the location, volume and type of waste disposed of, or stored, on the site; (v) for the waste mentioned in paragraph (iv), details of any potential contamination of the site caused by disposing or storing the waste on the site; (vi) a description of the geology and hydrogeology of the site; (vii) details of any environmentally relevant activities or notifiable activities carried out on the site, including the materials used and waste produced during the carrying out of the activities; (viii) details of any earthworks carried out on the site, including the materials used and waste produced during the earthworks; (ix) if work was carried out on the site to remediate contaminated land— (A) the contamination levels recorded on the site before the work was carried out; and (B) the contamination levels recorded on the site after the work was carried out; (b) the report or plan includes sufficient information to allow the auditor to assess— Page 102 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 8 Fees Part 1 Fees generally [s 116] (i) if the report or plan provides evidence that the site is suitable for a stated use, whether the site is suitable for that stated use; and (ii) whether the site is contaminated in a way that is a risk to another part of the environment or human health; and (iii) if the report or plan provides evidence that the site is contaminated, the extent to which the site is contaminated and the uses that may be suitable for the site; and (iv) if the plan sets out the objectives to be achieved and maintained under the plan— (A) the proposed objectives are appropriate for the site; and (B) the proposed methods to achieve and maintain the objectives are appropriate for the site; and (v) if the plan sets out monitoring and reporting compliance measures for the site, the reporting and compliance measures are appropriate for the site. (2) In this section— water means water as defined under the Water Act 2000. Chapter 8 Fees Part 1 Fees generally

116 Fees payable under Act (1) Schedule 10 and this chapter provide for fees payable under the Act. Current as at 1 October 2014 Page 103 Environmental Protection Regulation 2008 Chapter 8 Fees Part 2 Fees for devolved matters [s 116A] (2) This chapter provides for annual fees payable for particular environmental authorities.

116A Recovery of unpaid amounts For section 580(2)(a) of the Act, if a fee payable under the Act to an administering authority is not paid in full by the date prescribed for the relevant fee in this regulation or stated in a notice for the relevant fee, the authority may recover the unpaid amount as a debt owed to the authority. Part 2 Fees for devolved matters

117 Fees and discounts made by resolution or local law (1) This section applies if the administration and enforcement of the Act for a matter (the devolved matter) has been devolved to a local government. (2) If— (a) this chapter or schedule 10 prescribes a fee (the default fee) payable to the administering authority for the devolved matter; and (b) the local government has made a resolution or local law prescribing a different fee (the local fee) payable for the devolved matter, whether higher or lower than the default fee; the local fee is payable for the devolved matter instead of the default fee. (3) Part 3, division 2 does not apply to a fee payable to the local government unless the local government makes a resolution or local law stating that part 3, division 2 applies to the fee. Page 104 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 8 Fees Part 3 Annual fees [s 118] (4) The local government can not make a resolution or local law to change the aggregate environmental score for the devolved matter. Part 3 Annual fees Division 1 General matters

118 Meaning of annual fee The annual fee for an environmental authority is— (a) if the holder of the environmental authority is eligible to pay a reduced annual fee under division 2—the reduced annual fee; or (b) for any other environmental authority—the fee worked out for the authority under section 120.

119 Payment of annual fee for first year of environmental authority (1) This section applies to an environmental authority for which an annual fee is prescribed. (2) The holder of the authority must, within 20 business days of the authority taking effect, pay the administering authority the annual fee prescribed for the authority. Note— For when an environmental authority takes effect, see section 200 of the Act.

120 Annual fee for environmental authority (1) The annual fee for an environmental authority is the total of the site fees for all project sites for the authority. Current as at 1 October 2014 Page 105 Environmental Protection Regulation 2008 Chapter 8 Fees Part 3 Annual fees [s 120] (2) The site fee for a project site for an environmental authority is— (a) if none of the environmentally relevant activities proposed to be carried out at the project site has an aggregate environmental score— (i) for an environmental authority for a mining activity relating to a mining claim—nil; or (ii) for any other environmental authority—$589; or (b) if any of the environmentally relevant activities to be carried out at the project site has an aggregate environmental score—the highest of the ERA fees calculated for each of the environmentally relevant activities. (3) The ERA fee for an environmentally relevant activity is worked out using the following formula— F=SxM where— F is the amount of the ERA fee. S is the aggregate environmental score for the activity. M is— (a) for a relevant prescribed ERA—$118.20; or (b) for a resource activity for which the AES stated for the activity in the section under schedule 2 or 2A applying to the activity is 120 or more— (i) if the annual fee is payable during the period 1 July 2014 to 30 June 2015—$354.70; or (ii) if the annual fee is payable during the period from

1 July 2015 to 30 June 2016—$473; or (iii) if the annual fee is payable during the period from

1 July 2016 to 30 June 2017—$591; or Page 106 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 8 Fees Part 3 Annual fees [s 121] (iv) if the annual fee is payable from 1 July 2017—$709; or (c) for any other environmentally relevant activity—$236.50. (4) In this section— relevant prescribed ERA means any of the following prescribed ERAs— (a) aquaculture; (b) intensive animal feedlotting; (c) pig keeping; (d) poultry farming; (e) a relevant activity mentioned in schedule 2, section 63(3), table, item 1(a). Division 2 Reduced annual fees in particular circumstances Subdivision 1 Preliminary

121 Purpose of div 2 The purpose of this division is to allow the holder of an environmental authority to pay a reduced annual fee for the authority if— (a) the holder is eligible; and (b) there is an aggregate environmental score for the environmentally relevant activity authorised under the authority.

122 Definitions for div 2 In this division— Current as at 1 October 2014 Page 107 Environmental Protection Regulation 2008 Chapter 8 Fees Part 3 Annual fees [s 122] annual fee, for an authority, means the annual fee worked out under section 120 for the authority. approved EMS see section 123. approved partner see section 124. conformity assessment body means a body accredited under JAS-ANZ for certifying environmental management systems. eligible, to pay a reduced annual fee, means eligible under section 126 to pay the reduced annual fee. JAS-ANZ means the Joint Accreditation System of Australia and New Zealand that was declared under the Joint Accreditation System of Australia and New Zealand (Privileges and Immunities) Regulations 1998 (Cwlth) to be an international organisation to which the International Organisations (Privileges and Immunities) Act 1963 (Cwlth) applies. lower emissions score see section 125. prescribed environmental management system means— (a) an environmental management system that a conformity assessment body has certified as conforming to AS/NZS ISO 14001:2004 ‘Environmental management systems–Requirements with guidance for use’; or (b) the National Feedlot Accreditation Scheme, Rules of Accreditation published in 2011 by AUS-MEAT Limited ABN 44 082 528 881. Editor’s note— At the commencement of this section the National Feedlot Accreditation Scheme, Rules of Accreditation was available on the internet at <www.ausmeat.com.au>. reduced annual fee, for an environmental authority, means the reduced annual fee worked out under section 127 for the authority. Page 108 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 8 Fees Part 3 Annual fees [s 123]

123 What is an approved EMS The holder of an environmental authority has an approved EMS if each relevant activity carried out under the authority is being carried out in accordance with a prescribed environmental management system.

124 Who is an approved partner (1) An approved partner is the holder of an environmental authority who is registered as a partner under the business partnership program. (2) In this section— business partnership program means the program of that name established by the department. Editor’s note— On the day this regulation was notified in the gazette information about the business partnership program was available on the department’s website.

125 What is a lower emissions score (1) The holder of an environmental authority has a lower emissions score if— (a) the holder is carrying out only 1 relevant activity under the authority—the relevant activity has an emissions score that is at least 25% less than the emissions score stated to apply for the activity under the environmental emission profile; or (b) the holder is carrying out 2 or more relevant activities under the authority—the relevant activity that has the highest aggregate environmental score has an emissions score that is at least 25% less than the emissions score stated to apply for the activity under the environmental emission profile. (2) In this section— Current as at 1 October 2014 Page 109 Environmental Protection Regulation 2008 Chapter 8 Fees Part 3 Annual fees [s 126] emissions score, for a relevant activity, means the emissions score component of the aggregate environmental score for the activity. Editor’s note— On the day this regulation was notified in the gazette information about the aggregate environmental scores for relevant activities was available on the department’s website. Subdivision 2 Reduced annual fee

126 Eligibility for payment of a reduced annual fee (1) The holder of an environmental authority is eligible to pay a reduced annual fee for the authority if— (a) the holder has carried out a relevant activity under the authority for at least 1 year; and (b) in the 3 years immediately before the annual fee for the authority is due, no compliance action event has happened for the holder; and (c) the holder— (i) has an approved EMS; or (ii) is an approved partner; or (iii) has a lower emissions score; or (iv) for a relevant resource environmental authority—is currently carrying out rehabilitation of the land that is the subject of the environmental authority; and (d) the holder gives the chief executive the following, within the period stated in the annual notice— (i) if the holder has an approved EMS, other than a prescribed approved EMS—a statutory declaration, completed by a suitably qualified person, verifying that— Page 110 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 8 Fees Part 3 Annual fees [s 126] (A) each relevant activity carried out under the authority in the previous year has been carried out in accordance with an environmental management system that a conformity assessment body has certified as conforming to AS/NZS ISO 14001:2004 ‘Environmental management systems–Requirements with guidance for use’; and (B) the holder is complying with the conditions of the authority; (ii) if the holder has a prescribed approved EMS—a statutory declaration, completed by the holder, verifying that— (A) each relevant activity carried out under the authority in the previous year has been carried out in accordance with the National Feedlot Accreditation Scheme, Rules of Accreditation published in 2011 by AUS-MEAT Limited ABN 44 082 528 881; and (B) the holder is complying with the conditions of the authority; (iii) for a relevant resource environmental authority—the holder is currently carrying out rehabilitation of the land that is the subject of the environmental authority—a statutory declaration, completed by the holder, verifying that— (A) the holder has stopped extracting the resource that is the subject of the environmental authority and does not intend to recommence extracting the resource; and (B) the holder is currently carrying out rehabilitation of the land that is the subject of the environmental authority; and Current as at 1 October 2014 Page 111 Environmental Protection Regulation 2008 Chapter 8 Fees Part 3 Annual fees [s 126] (iv) the other documents and information stated in the annual notice; and (e) the holder pays the reduced annual fee within the period stated in the annual notice. (2) The holder stops being eligible to pay a reduced annual fee if the holder knows, or ought reasonably to know, there has been a disqualifying event for the holder. (3) Also, the holder stops being eligible if— (a) there is more than 1 project site for the authority; and (b) subsection (1) does not apply to 1 or more of the project sites for the authority. (4) In this section— compliance action event, for the holder of an environmental authority, means any of the following directly relating to an activity carried out or a thing omitted to be done under the authority— (a) the serving of an infringement notice under the State Penalties Enforcement Act 1999 on the holder for an offence; (b) the issuing of an environmental protection order to the holder; (c) the holder— (i) has voluntarily submitted a draft transitional environmental program; or (ii) is acting under an approved transitional environmental program; or (iii) is required to prepare a transitional environmental program; or (iv) has, under section 350 of the Act, given the administering authority a program notice; (d) the issue of a cost recovery notice to the holder unless— Page 112 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 8 Fees Part 3 Annual fees [s 126] (i) the amount claimed under the notice has been fully paid; or (ii) the notice has been withdrawn or has otherwise stopped having effect; (e) the holder has been issued with a direction notice under section 363B of the Act and— (i) the holder complies with the notice; or (ii) a proceeding for an offence against section 363E of the Act has not started; (f) a proceeding for an environmental offence or an offence under section 363E, 363I or 363L of the Act (a notice offence), is started or continued against the holder and has not finished; (g) the holder is convicted of an environmental offence or a notice offence. disqualifying event, for a holder, means any of the following that happens during the year to which the reduced annual fee applies— (a) the holder stops being an approved partner; (b) the holder no longer has an approved EMS; (c) the holder no longer has a lower emissions score; (d) the holder has stopped carrying out rehabilitation of the land that is the subject of the environmental authority; (e) the holder recommences extracting the resource that is the subject of the environmental authority; (f) there is a compliance action event for the holder. prescribed approved EMS means the National Feedlot Accreditation Scheme, Rules of Accreditation published in 2011 by AUS-MEAT Limited ABN 44 082 528 881. relevant resource environmental authority means an environmental authority for a resource activity relating to a mining lease or a petroleum lease for which the AES stated Current as at 1 October 2014 Page 113 Environmental Protection Regulation 2008 Chapter 8 Fees Part 3 Annual fees [s 127] for the activity in the section under schedule 2 or 2A applying to the activity is 120 or more.

127 What is the reduced annual fee (1) The reduced annual fee for an environmental authority is— (a) 90% of the annual fee if the holder is an approved partner; or (b) 80% of the annual fee if— (i) the holder has an approved EMS; or (ii) the holder has a lower emissions score; or (c) 70% of the annual fee if the holder is an approved partner and— (i) the holder has an approved EMS; or (ii) the holder has a lower emissions score; or (d) 60% of the annual fee if— (i) the holder has an approved EMS; and (ii) the holder has a lower emissions score; or (e) 50% of the annual fee if— (i) for a relevant resource environmental authority—the holder is currently carrying out rehabilitation of the land that is the subject of the environmental authority; or (ii) otherwise— (A) the holder is an approved partner; and (B) the holder has an approved EMS; and (C) the holder has a lower emissions score. (2) In this section— relevant resource environmental authority see section 126(4). Page 114 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 8 Fees Part 3 Annual fees [s 128] Subdivision 3 Offences and record keeping

128 Application of sdiv 3 This subdivision applies to the holder of an environmental authority who has, under this division, paid a reduced annual fee for the authority.

129 Offence to pay reduced annual fee if not eligible It is an offence for the holder to pay the reduced annual fee instead of the annual fee for the authority if the holder is not eligible to pay the reduced annual fee. Maximum penalty—20 penalty units.

130 Requirement to keep records for reduced annual fee The holder must, unless the holder has a reasonable excuse, keep each of the following records relating to the payment of the reduced annual fee for at least 5 years after the reduced annual fee is paid— (a) if the holder was eligible for the reduction under section 126(1)(c)(i)—a copy of an accreditation certificate prepared under the relevant prescribed environmental management system for the approved EMS; (b) if the holder was eligible for the reduction under section 126(1)(c)(ii)— (i) the holder’s certificate of registration under the business partnership program; and (ii) a copy of the action plan the holder was required to develop for the holder’s registration under the business partnership program; Editor’s note— On the day this section commenced information about the development of an action plan was available on the department’s website. Current as at 1 October 2014 Page 115 Environmental Protection Regulation 2008 Chapter 8 Fees Part 3 Annual fees [s 131] (c) if the holder was eligible for the reduction under section 126(1)(c)(iii)—a copy of the data and methodology used to calculate the holder’s emissions score for the relevant activity under the authority; (d) if the holder was, under section 126(1)(d), required to give the chief executive a statutory declaration about the relevant activities carried out under an environmental authority— (i) a copy of the statutory declaration; and (ii) for the suitably qualified person who completed the statutory declaration—the person’s contact details and evidence of the person’s membership of a prescribed organisation. Maximum penalty—20 penalty units.

131 Authorised person may require holder to give information or documents (1) An authorised person may, by written notice to the holder, require the holder to give the officer the information or documents about the payment of the reduced annual fee that the officer requires. (2) The notice may state a reasonable period within which the information or documents must be given. (3) The holder must comply with the notice unless the holder has a reasonable excuse. Maximum penalty for subsection (3)—20 penalty units.

132 Requirement to notify change of eligibility If the holder’s eligibility for the reduced annual fee under section 126(1)(c)(i) or (ii) stops during the year to which the fee applies, the holder must give the administering authority written notice of the fact within 10 business days after the eligibility stops. Page 116 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 8 Fees Part 3 Annual fees [s 133] Maximum penalty—20 penalty units.

133 Refunding difference between annual fee and reduced fee (1) This section applies if the holder— (a) is not eligible to pay the reduced annual fee; or (b) stops being eligible to pay the reduced annual fee during the year to which the fee applies. (2) The administering authority may require the holder to pay the authority the difference between the annual fee and the reduced annual fee. Division 3 Amendment applications for environmental authorities

134 When supplementary annual fee payable (1) This section applies if— (a) a person makes an amendment application for an environmental authority; and (b) amending the authority in accordance with the application would result in an annual fee being payable that is higher than the annual fee for the authority as stated in the last annual notice for the authority. (2) The holder of the environmental authority must, within 20 business days after the amendment application is approved, pay the administering authority a supplementary annual fee worked out using the following formula— S = (A-P) x N/365 where— S is the amount of the supplementary annual fee. Current as at 1 October 2014 Page 117 Environmental Protection Regulation 2008 Chapter 8 Fees Part 3 Annual fees [s 135] A is the amount of the annual fee that would be payable for the authority if the authority was amended in accordance with the amendment application. P is the amount of the annual fee stated in the last annual notice for the authority. N is the number of days from the day the authority was amended in accordance with the amendment application until the next anniversary day for the authority. (3) If the holder does not pay the supplementary annual fee within 20 business days under subsection (2), the administering authority may recover the supplementary annual fee as a debt owed to the authority.

135 When shortfall in fee for major amendment application payable (1) This section applies if— (a) a person makes a major amendment application for an environmental authority; and (b) amending the authority in accordance with the application results in an annual fee being payable that is higher than the annual fee for the authority as stated in the last annual notice for the authority. (2) The holder of the authority must, within 20 business days after the amendment application is approved, pay the administering authority the shortfall worked out using the following formula— S = F-P where— S is the amount of the shortfall. F is the amount of the part of the major amendment application fee calculated as being 30% of the annual fee that would have been payable for the authority if the amendment results in the activity that is the subject of the authority having Page 118 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 8 Fees Part 4 Other particular fees [s 136] an AES that is higher than the AES the activity had when the amendment application was made. P is the amount of the part of the major amendment application fee calculated as being 30% of the annual fee that was paid when the amendment application was made. (3) If the holder does not pay the shortfall within 20 business days under subsection (2), the administering authority may recover the shortfall as a debt owed to the authority. (4) This section applies in addition to section 134.

136 Refunding overpayment of fee for major amendment application (1) This section applies if— (a) a person makes a major amendment application for an environmental authority; and (b) amending the authority in accordance with the application results in an annual fee being payable that is lower than the annual fee for the authority as stated in the last annual notice for the authority. (2) The administering authority must refund to the holder any overpayment of the part of the fee for the application that was calculated as being 30% of the annual fee for the authority the subject of the application when the application was made. Part 4 Other particular fees

138 Fee for anniversary changeover application (1) For section 310(2) of the Act, the fee payable for an anniversary changeover application for an environmental authority is worked out using the following formula— Current as at 1 October 2014 Page 119 Environmental Protection Regulation 2008 Chapter 8 Fees Part 4 Other particular fees [s 139] F = 295.60 + (A x N/365) where— F is the amount of the fee. A is the amount of the annual fee for the environmental authority. N is the number of days in the interim year. (2) In this section— anniversary changeover application, for an environmental authority, means an application under section 310 of the Act to change the anniversary day for the authority to a new day. interim year, for a proposed change of anniversary day, means the period— (a) starting on the old anniversary day for the environmental authority; and (b) ending on the new anniversary day in the following year after the proposed change. Example— If the old anniversary day was 1 June and the new anniversary day is 1 July, the period will be 31 days.

139 Fee for late payment of annual fee (1) This section applies if a holder of an environmental authority has not paid the annual fee for the authority on or before the anniversary day for the authority. (2) The administering authority must give the holder a written notice stating that the holder must, within a stated period of at least 10 business days after the notice is given, pay— (a) the annual fee or the outstanding amount of the fee; and (b) the late payment fee stated in schedule 10. (3) The holder must comply with the notice. Page 120 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 8 Fees Part 4 Other particular fees [s 140]

140 Fees for transitional environmental programs (1) The fee for an administering authority’s consideration of a draft transitional environmental program, or an amendment of an approval for a transitional environmental program, is the amount that— (a) the authority considers to be reasonable; and (b) is not more than the reasonable cost of deciding the application for approval of the program or the amendment of the approval. (2) The holder of an approval of a transitional environmental program must pay the administering authority a fee for its assessment of the holder’s annual returns and monitoring compliance with the program. (3) The fee is the amount that— (a) the authority considers to be reasonable; and (b) is not more than the reasonable cost of the assessment and monitoring.

140A Fee for termination of suspension of environmental authority (1) For section 284G(2)(b) of the Act, the fee payable to terminate a suspension of an environmental authority is worked out using the following formula— F = A x N/365 where— F is the amount of the fee. A is the amount of the annual fee for the environmental authority. N is the number of days in the interim year. (2) In this section— Current as at 1 October 2014 Page 121 Environmental Protection Regulation 2008 Chapter 8 Fees Part 6 Exemptions [s 142] interim year, for a termination of a suspension of an environmental authority, means the period— (a) starting on the day the notice to terminate the suspension is given to the administering authority; and (b) ending on the next anniversary day for the authority. Part 6 Exemptions

142 Administering authority exempt from fees for self-administered activities An administering authority is exempt from payment of a fee relating to an environmental authority for an environmentally relevant activity that is administered by the authority. Note— See chapter 7, part 1, division 2 (Matters not devolved to local government).

143 Prescribed local government exempt from fees (1) This section applies to the following (each a prescribed local government)— (a) an indigenous local government; (b) Aurukun Shire Council; (c) Mornington Shire Council; (d) Torres Shire Council. (2) A prescribed local government is exempt from payment of a fee relating to an environmental authority for a prescribed ERA that is carried out by the local government in its local government area. (3) In this section— Page 122 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 8 Fees Part 6 Exemptions [s 144] indigenous local government see the Local Government Act 2009, schedule 4.

144 Prescribed charitable institution exempt from fees (1) A prescribed charitable institution is exempt from payment of a fee relating to an environmental authority for a prescribed ERA mentioned in schedule 2, section 63 if the prescribed ERA is carried out within the relevant threshold. (2) In this section— prescribed charitable institution means a charitable institution that, under the Income Tax Assessment Act 1997 (Cwlth), is an exempt institution that is eligible for a refund. relevant threshold means the stated threshold of operating sewage treatment works with a total daily peak design capacity of 21EP to 100EP under schedule 2, section 63(3).

144B Holders of particular environmental authorities exempt from annual fee (1) This section applies to a holder of an environmental authority for mining activities that are eligible ERAs for only 1 of the following activities— (a) an environmentally relevant activity carried out for the sole purpose of maintaining a State heritage place or a National heritage place; (b) dimension stone mining for the sole purpose of constructing or maintaining a war grave. (2) The holder is exempt from payment of the annual fee for the environmental authority. (3) In this section— Commonwealth War Graves Commission means the commission of that name established under royal charter in the United Kingdom. Current as at 1 October 2014 Page 123 Environmental Protection Regulation 2008 Chapter 8 Fees Part 7 Refund of application fees [s 144C] National heritage place has the meaning given by the Environment Protection and Biodiversity Conservation Act

1999 (Cwlth), section 324C(3). State heritage place means a State heritage place under the Queensland Heritage Act 1992. war grave includes any of the following things for which the Commonwealth Department of Veterans’ Affairs or the Commonwealth War Graves Commission is responsible for establishing and maintaining under a law of a State, the Commonwealth or a foreign country— (a) a headstone; (b) a war memorial or similar memorial; (c) an inscribed plaque or commemorative plate; (d) a monumental, ornamental or other structure; (e) another thing erected or placed— (i) to mark the site where human remains have been buried or placed; or (ii) to commemorate a deceased person. Part 7 Refund of application fees

144C Refund of application fee for particular environmental authority if application for relevant mining tenement refused (1) This section applies if— (a) a person has applied for an environmental authority for mining activities that are eligible ERAs; and (b) the person has applied for 1 or more relevant mining tenements for the environmental authority; and Page 124 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 8A Miscellaneous [s 144D] (c) each application for a relevant mining tenement mentioned in paragraph (b) has been refused or rejected. (2) The administering authority must refund to the person the application fee for the environmental authority. Chapter 8A Miscellaneous

144D Limited amendment of Map of referable wetlands (1) The chief executive may amend the Map of referable wetlands only if the amendment— (a) is to remove all or part of an area shown as a wetland management area or wetland protection area; and (b) is made because— (i) more accurate information indicating the extent, or hydrological type, of the wetland has become available; or (ii) the chief executive considers the wetland is not of high ecological significance. (2) If the chief executive amends the map under this section, the chief executive must— (a) fix a new edition number to the amended map; and (b) publish the amended map on the department’s website; and (c) notify all affected owners about the amendment and the reasons for the amendment; and (d) give all affected owners a copy of the amended map. (3) In this section— affected owner, for an amendment, means an owner of land that is no longer included in an area shown as a wetland Current as at 1 October 2014 Page 125 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 1 Repeal [s 145] management area or wetland protection area on the Map of referable wetlands because of the amendment. Chapter 9 Repeal, transitional and savings provisions Part 1 Repeal

145 Repeal of regulation The Environmental Protection Regulation 1998, SL No. 29 is repealed. Part 2 Transitional and savings provisions for SL No. 370 of 2008 Division 1 Preliminary

146 Definitions for pt 2 In this part— anniversary day, for a development approval or registration certificate, means the first anniversary day for the approval or certificate after the commencement. commencement means the commencement of this section. former environmentally relevant activity means an environmentally relevant activity mentioned in the repealed Page 126 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 2 Transitional and savings provisions for SL No. 370 of 2008 [s 147] regulation, schedule 1, under the heading ‘Environmentally relevant activity’, immediately before the commencement. former ERA, for an item mentioned in this part, means the item to which the reference relates is an item mentioned in the repealed regulation, schedule 1, under the heading ‘Environmentally relevant activity’, immediately before the commencement. Example— Former ERA 1 is the repealed regulation, item 1 (Aquaculture and agricultural activities). repealed regulation means the repealed Environmental Protection Regulation 1998. Division 2 Transitional provisions about environmentally relevant activities Subdivision 1 General

147 General matters for environmentally relevant activities (1) This section is subject to section 148 and subdivision 2. (2) A reference in an Act or document to a former environmentally relevant activity mentioned in column 1 of the table below subsection (3) (a column 1 ERA) may, from the commencement and if the context permits, be taken to be a reference to an environmentally relevant activity mentioned in column 2 of the table (a column 2 ERA) opposite the column

1 ERA. (3) However, if an aspect of a column 1 ERA (the relevant aspect) is mentioned in column 1 of the table, a reference in an Act or document to the column 1 ERA may, to the extent the column 1 ERA involved the relevant aspect and if the Current as at 1 October 2014 Page 127 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 2 Transitional and savings provisions for SL No. 370 of 2008 [s 147] context permits, be taken to be a reference to the column 2 ERA opposite the relevant aspect. Column 1 ERA Column 2 ERA Aquaculture and agriculture Part 1—Aquaculture and intensive activities animal industry

1 Aquaculture 1 Aquaculture

2 Cattle feedlotting 2 Intensive animal feedlotting

3 Pig farming 3 Pig keeping

4 Poultry farming 4 Poultry farming Chemical, coal and petroleum Part 2—Chemical, coal and products activities petroleum products activities

5 Alcohol distilling 5 Alcohol production

6 Chemical manufacturing, 7 Chemical manufacturing processing or mixing

7 Chemical storage 8 Chemical storage

8 Coke producing 31 Mineral processing

9 Gas production 10 Gas producing

10 Paint manufacturing 7 Chemical manufacturing

11 Crude oil or petroleum product 8 Chemical storage storage

12 Oil refining or processing 11 Oil refining or processing

13 Fuel gas refining or processing 9 Hydrocarbon gas refining Community infrastructure and Part 13—Water treatment services services

14 Crematorium —

15 Sewage treatment 63 Sewage treatment Electricity, fuel burning and water supply activities

16 Municipal water treatment plan 64 Water treatment Part 3—Energy related services

17 Fuel burning 15 Fuel burning

18 Power station 14 Electricity generation Extractive activities Part 4—Extractive activities

19 Dredging material 16 Extractive and screening activities

20 Extracting rock or other material 16 Extractive and screening activities

22 Screening etc. materials 16 Extractive and screening activities Page 128 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 2 Transitional and savings provisions for SL No. 370 of 2008 [s 147] Column 1 ERA Column 2 ERA Fabricated metal product activities Part 5—Fabricated metal product activities

23 Abrasive blasting 17 Abrasive blasting

24 Boiler making or engineering 18 Boilermaking or engineering

25 Metal surface coating 38 Surface coating

26 Metal forming 19 Metal forming

27 Metal recovery 20 Metal recovery

28 Motor vehicle workshop 21 Motor vehicle workshop operation Food processing Part 6—Food processing

29 Beverage production 22 Beverage production

30 Edible oil processing 24 Edible oil manufacturing or processing

31 Flour milling —

32 Meat processing 25 Meat processing

33 Milk processing 26 Milk processing

34 Seafood processing 27 Seafood processing

35 Smoking, drying or curing works —

36 Sugar milling or refining 28 Sugar milling or refining

37 Bottling and canning 23 Bottling and canning Metal product activities Part 7—Metal production and mineral processing activities

40 Metal foundry 29 Metal foundry operation

41 Metal works 30 Metal smelting and refining

42 Mineral processing 31 Mineral processing Miscellaneous activities Part 8—Miscellaneous activities

43 Animal housing —

44 Battery manufacturing 32 Battery manufacturing

45 Crushing, milling or grinding 33 Crushing, milling, grinding or screening

46 Mushroom growing substrate 34 Mushroom growing substrate manufacture manufacture Current as at 1 October 2014 Page 129 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 2 Transitional and savings provisions for SL No. 370 of 2008 [s 147] Column 1 ERA Column 2 ERA

47 Pet, stock or aquaculture food manufacturing— (a) to the extent an aspect of the 25 Meat processing former ERA involved an activity to which schedule 2, section 25 would have applied (b) to the extent an aspect of the 27 Seafood processing former ERA involved an activity to which schedule 2, section 27 would have applied

48 Plaster manufacturing 35 Plaster manufacturing

49 Pulp or paper manufacturing 36 Pulp or paper manufacturing

50 Rendering operation 25 Meat processing

51 Plastic manufacturing 12 Plastic product manufacturing

52 Printing 37 Printing

53 Soil conditioner manufacturing 53 Composting and soil conditioner manufacturing

54 Tanning 39 Tanning

55 Textile manufacturing 40 Textile manufacturing

56 Tobacco processing —

57 Tyre manufacturing or retreading 13 Tyre manufacturing or retreading Non-metallic mineral product Part 9—Non-metallic mineral product manufacture manufacture

58 Asbestos products manufacturing —

59 Asphalt manufacturing 6 Asphalt manufacturing

60 Cement manufacturing 41 Cement manufacturing

61 Clay or ceramic products 42 Clay or ceramic products manufacturing manufacturing

62 Concrete batching 43 Concrete batching

63 Glass or glass fibre manufacturing 44 Glass or glass fibre manufacturing

64 Mineral wool or ceramic fibre 45 Mineral wool or ceramic fibre manufacturing manufacturing Recreational and sporting activities —

65 Motor racing — Sawmilling, woodchipping and Part 10—Sawmilling, woodchipping wooden product manufacturing and wooden product manufacturing

66 Chemically treating timber 46 Chemically treating timber Page 130 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 2 Transitional and savings provisions for SL No. 370 of 2008 [s 147] Column 1 ERA Column 2 ERA

67 Sawmilling or woodchipping— (a) to the extent an aspect of the 47 Timber milling and woodchipping former ERA involved an activity to which schedule 2, section 47 would have applied (b) to the extent an aspect of the 48 Wooden and laminated product former ERA involved an manufacturing activity to which schedule 2, section 48 would have applied

68 Wooden product manufacturing 48 Wooden and laminated product manufacturing Transport and maritime services Part 11—Transport and maritime services

69 Boat maintaining or repairing 49 Boat maintenance or repair facility

70 Heliport —

71 Port (other than an airport) —

72 Railway facility —

73 Marina or seaplane mooring —

74 Stockpiling, loading or unloading 50 Bulk material handling goods in bulk — 51 Road tunnel ventilation stack operation Waste management Part 12—Waste management

75 Waste disposal 60 Waste disposal

76 Incinerating waste 61 Waste incineration and thermal treatment

77 Battery recycling 52 Battery recycling

78 Chemical or oil recycling 55 Regulated waste recycling or reprocessing

79 Drum reconditioning 54 Drum and container reconditioning

80 Tyre recycling 59 Tyre recycling

81 Recycling or reprocessing 55 Regulated waste recycling or regulated waste reprocessing

82 Waste transfer station 62 Waste transfer station operation

83 Regulated waste transport 57 Regulated waste transport

84 Regulated waste storage 56 Regulated waste storage

85 Regulated waste treatment 58 Regulated waste treatment Current as at 1 October 2014 Page 131 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 2 Transitional and savings provisions for SL No. 370 of 2008 [s 148]

148 Existing development approvals and registration certificates (1) This section applies to a person who, immediately before the commencement, held a relevant authority to carry out a column 1 ERA. (2) The person is, on the anniversary day for the relevant authority, taken to be the holder of a relevant authority to carry out the column 2 ERA opposite the column 1 ERA, unless the authority is sooner cancelled. (3) If the relevant authority held by the person immediately before the commencement was subject to a condition, the relevant authority the person is taken to hold on the anniversary day for the authority is also taken to be subject to a condition in the same terms, so far as practicable, as the condition. (4) This section is subject to the other provisions of this division, other than section 147. (5) In this section— relevant authority means— (a) a development approval; or (b) a registration certificate.

149 Existing applications (1) This section applies to an application for a development approval or registration certificate made before the commencement and not decided on the commencement. (2) However— (a) if before the commencement the applicant paid the former application fees for the application—the application fee and annual fee for the application under this regulation are taken to have been paid; and (b) if the application is an application for a development approval and paragraph (a) does not apply—the Page 132 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 2 Transitional and savings provisions for SL No. 370 of 2008 [s 150] repealed regulation continues to apply for the payment of the former application fees for the application as if this regulation had not commenced. (3) If the application is about a column 1 ERA, the application is taken to be about a column 2 ERA shown opposite the column 1. (4) Also, subsection (5) applies if the application is about an activity that is a former environmentally relevant activity but is not an environmentally relevant activity under this regulation. (5) The administering authority must, as soon as practicable after the commencement— (a) give the applicant a notice stating that, under this regulation, the activity is no longer an environmentally relevant activity; and (b) refund to the applicant the amount of the application fee. (6) In this section— former application fees means the application fee and the prescribed annual fee amount payable under the repealed regulation. Subdivision 2 Effect of changes to environmentally relevant activities

150 Activities that are no longer environmentally relevant activities (1) This section applies to an activity that was a former environmentally relevant activity but is not an environmentally relevant activity under this regulation, including, for example, the following— (a) former ERA 1(a), 14, 31, 35, 43, 56, 58, 65, 67(a), 70, 71 or 73; Current as at 1 October 2014 Page 133 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 2 Transitional and savings provisions for SL No. 370 of 2008 [s 150] (b) former ERA 2(a) if the activity consists of keeping less than 50 standard cattle units; (c) former ERA 3(a) if the activity consists of keeping less than 21 standard pig units; (d) former ERA 8 if the activity consists of producing less than 100t of coke in a year; (e) former ERA 19(a) if the activity consists of dredging less than 1000t of material in a year from the bed of naturally occurring surface waters; (f) former ERA 20(a) if the activity consists of extracting, other than by dredging, a total of less than 5000t of rock, sand, clay, gravel, loam or other material in a year, other than in a wild river area; (g) former ERA 22(a), if the activity consists of screening, washing, crushing, grinding, milling, sizing or separating, in a year, more than 50t but less than 5000t of material extracted from the earth, other than in a wild river area; (h) former ERA 24 if the activity consists of boilermaking, assembling, building or manufacturing a total of less than 200t of metal product in a year; (i) former ERA 26 if the activity consists of forming a total of less than 10,000t of metal in a year; (j) former ERA 28 if the activity consists of— (i) operating a workshop to maintain a fleet of fewer than 10 vehicles; or (ii) operating a mobile or a temporary motor vehicle workshop; (k) former ERA 29 if the activity consists of producing less than 1ML of alcoholic or non-alcoholic beverages in a year; (l) former ERA 34 if the activity consists of processing in a year less than 500t of seafood or seafood products; Page 134 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 2 Transitional and savings provisions for SL No. 370 of 2008 [s 150] (m) former ERA 36 if the activity consists of— (i) crushing or grinding less than 200t or more of sugar cane in a year; or (ii) manufacturing less than 200t of sugar or other sugarcane products in a year; (n) former ERA 40 if the activity consists of— (i) producing less than 100t of ferrous metal castings in a year; or (ii) producing 50t or more of non-ferrous metal castings in a year; (o) former ERA 44 if the activity consists of manufacturing less than 200t of batteries in a year; (p) former ERA 46 if the activity consists of manufacturing less than 200t of substrate for mushroom growing in a year; (q) former ERA 47 if the activity consists of processing in a year— (i) less than 1000t of meat or meat products in a year; or (ii) less than 500t or more of seafood or seafood products; (r) former ERA 48 if the activity consists of manufacturing or processing less than 5000t of plaster in a year; (s) former ERA 51 if the activity consists of manufacturing in a year— (i) a total of less than 50t of plastic product, other than a plastic product mentioned in subparagraph (ii); or (ii) a total of less than 5t of foam, composite plastics or rigid fibre-reinforced plastics; (t) former ERA 52 if the activity consists of printing less than 200t of printed materials in a year; Current as at 1 October 2014 Page 135 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 2 Transitional and savings provisions for SL No. 370 of 2008 [s 151] (u) former ERA 54 if the activity consists of operating a tannery or facility for tanning, curing or finishing less than 100t of leather products in a year; (v) former ERA 55 if the activity consists of manufacturing or processing less than 100t of textile products in a year; (w) former ERA 60 if the activity consists of manufacturing less than 200t of cement in a year; (x) former ERA 62 if the activity consists of producing less than 200t of concrete or concrete products in a year. (2) A registration certificate to carry out the activity continues in force, as if the repealed regulation had not been repealed by this regulation, until the first anniversary day for the certificate. (3) The former administering authority for the former environmentally relevant activity must, as soon as practicable after the commencement— (a) give the holder of the registration certificate a notice stating that, under this regulation, the activity is no longer an environmentally relevant activity; and (b) from the anniversary day of the registration certificate, the holder no longer needs a registration certificate to carry out the activity. (4) In this section— former administering authority, for a former environmentally relevant activity, means the entity that was the administering authority for the activity immediately before the commencement.

151 Changes to environmentally relevant activities (1) This section applies if— (a) a holder of a relevant authority is carrying out an activity under the authority that is a former environmentally relevant activity; and Page 136 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 2 Transitional and savings provisions for SL No. 370 of 2008 [s 152] (b) under this regulation, the activity is no longer the environmentally relevant activity described in the relevant authority. (2) The administering authority must, as soon as practicable after the commencement, give the holder a notice stating the following— (a) that, under this regulation, the activity is still an environmentally relevant activity; (b) the provision of schedule 2 applicable to the holder’s activity; (c) from the anniversary day of the relevant authority, the holder is taken to have a relevant authority to carry out the activity mentioned in the provision of schedule 2 applicable to the holder’s activity. (3) In this section— relevant authority means— (a) a development approval; or (b) a registration certificate. Subdivision 3 Environmental authorities

152 Existing environmental authorities (1) This section applies to a person who, immediately before the commencement, held an environmental authority (a former environmental authority) to carry out an environmentally relevant activity under the repealed regulation. (2) The person is, on the anniversary day for the former environmental authority, taken to be the holder of an environmental authority to carry out the equivalent environmentally relevant activity under this regulation, unless the authority is sooner cancelled. Current as at 1 October 2014 Page 137 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 2 Transitional and savings provisions for SL No. 370 of 2008 [s 153] (3) If the former environmental authority was subject to a condition, the environmental authority the person is taken to hold on the anniversary day for the former environmental authority is also taken to be subject to a condition in the same terms, so far as practicable, as the condition. (4) This section is subject to the other provisions of this subdivision.

153 Changes to environmentally relevant activities (1) This section applies if— (a) immediately before the commencement, the holder of an environmental authority was carrying out an activity under the authority that was an environmentally relevant activity under the repealed regulation; and (b) under this regulation, the activity is no longer the environmentally relevant activity described in the environmental authority. (2) The administering authority must, as soon as practicable after the commencement, give the holder a notice stating the following— (a) that, under this regulation, the activity is still an environmentally relevant activity; (b) the provision of schedule 5 or 6 applicable to the holder’s activity; (c) from the anniversary day of the former environmental authority, the holder is taken to have an environmental authority to carry out the activity mentioned in the provision of schedule 5 or 6 applicable to the holder’s activity.

154 Existing applications (1) This section applies to an application for an environmental authority to carry out an environmentally relevant activity Page 138 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 2 Transitional and savings provisions for SL No. 370 of 2008 [s 155] under the repealed regulation, made before the commencement and not decided on the commencement. (2) Subject to subsection (3), on the commencement the application is taken to be an application for an environmental authority to carry out the equivalent environmentally relevant activity mentioned in schedule 5 or 6. (3) If before the commencement the applicant paid the former application fee for the application, the application fee and annual fee for the application under this regulation are taken to have been paid. (4) In this section— former application fee means either or both of the following payable under the repealed regulation— (a) the application fee; (b) an amount equal to the annual fee. Subdivision 4 Particular approvals for environmentally relevant activities

155 Particular approvals continue in force for 2 years (1) This section applies to a person given an approval to carry out an environmentally relevant activity under a repealed provision if the approval was in force immediately before the commencement. (2) The approval to carry out the activity continues in force while the person carries out the activity until the day that is 2 years after the commencement. (3) In this section— repealed interim regulation means the repealed Environmental Protection (Interim) Regulation 1995. repealed provision means— Current as at 1 October 2014 Page 139 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 2 Transitional and savings provisions for SL No. 370 of 2008 [s 156] (a) the repealed interim regulation, section 63 or 65, as in force on 1 March 1995; or (b) the repealed interim regulation, section 65, as in force on 28 June 1996. Subdivision 5 Miscellaneous matters for environmentally relevant activities

156 Administration and enforcement of particular former environmentally relevant activities devolved to local government (1) This section applies to the following former environmentally relevant activities— (a) former ERA 14, 22(a), 43, 65, 70 or 73; (b) former ERA 20(a) if the activity consists of extracting, other than by dredging, a total of less than 5000t of rock, sand, clay, gravel, loam or other material, in a year; (c) former ERA 24 if the activity consists of boilermaking, assembling, building or manufacturing a total of less than 200t of metal product in a year; (d) former ERA 26 if the activity consists of forming a total of less than 10,000t of metal in a year; (e) former ERA 28 if the activity consists of— (i) operating a workshop to maintain a fleet of fewer than 10 vehicles; or (ii) operating a mobile or a temporary motor vehicle workshop; (f) former ERA 29 if the activity consists of producing less than 1ML of alcoholic or non-alcoholic beverages in a year; (g) former ERA 47 if the activity consists of processing, in a year— Page 140 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 2 Transitional and savings provisions for SL No. 370 of 2008 [s 157] (i) less than 1000t of meat or meat products in a year; or (ii) less than 500t or more of seafood or seafood products; (h) former ERA 51 if the activity consists of manufacturing, in a year— (i) a total of less than 50t of plastic product, other than plastic product mentioned in subparagraph (ii); or (ii) a total of less than 5t of foam, composite plastics or rigid fibre-reinforced plastics; (i) former ERA 52 if the activity consists of printing less than 200t of printed materials in a year. (2) From the commencement, the administration and enforcement of the Act for each of the former environmentally relevant activities continues to be devolved to the local government for the local government area where the activity is, or is to be, carried out.

157 Codes of environmental compliance for former environmentally relevant activities (1) This section applies to each of the documents mentioned in the repealed regulation, schedule 6A, and approved as a code of environmental compliance for the former environmentally relevant activity to which it applies. (2) The document continues to be approved as a code of environmental compliance for the former environmentally relevant activity to which it applies, as if the repealed regulation had not been repealed, until 1 year after the commencement. (3) In this section— former environmentally relevant activity includes aspects of the former environmentally relevant activity. Current as at 1 October 2014 Page 141 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 3 Transitional provisions for members of QR group [s 158] Division 3 Transitional provisions for miscellaneous matters

158 Delayed application of fees payable under ch 8 (1) Chapter 8 does not apply to an existing environmental authority or existing registration certificate until the first anniversary day for the authority or certificate after the commencement. (2) Any fee paid under the repealed regulation in relation to an existing environmental authority or existing registration certificate continues to apply as if the repealed regulation had not been repealed. (3) In this section— existing environmental authority means an environmental authority in force immediately before the commencement. existing registration certificate means a registration certificate in force immediately before the commencement.

159 References to repealed regulation In an Act or document, a reference to the repealed regulation may, if the context permits, be taken to be a reference to this regulation. Part 3 Transitional provisions for members of QR group

160 Definitions for pt 3 In this part— Page 142 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 3 Transitional provisions for members of QR group [s 161] change of ownership means the beginning of the day notified by the Treasurer by gazette notice for this part. commencement means the commencement of this section. interim period means the period from the commencement to the change of ownership. member of QR Group means QR Limited or a related body corporate of QR Limited. QR Limited means QR Limited ACN 124 649 967. related body corporate has the meaning given in the Corporations Act. Treasurer means the Minister who administers the Financial Accountability Act 2009.

161 Application of s 106 to member of QR Group during interim period A member of QR Group is taken to be an instrumentality or agency of the State for the purposes of section 106 during the interim period.

162 Application of s 106 to member of QR Group after change of ownership (1) Subsection (2) applies if— (a) because of section 106, the administration and enforcement of a provision of the Act mentioned in sections 98 to 100 is not devolved to a local government; and (b) immediately before the change of ownership, the administering authority is conducting an investigation under the Act in relation to, or is exercising an enforcement power under the Act against, a member of QR Group; and (c) the investigation or enforcement relates to a provision of the Act mentioned in sections 98 to 100. Current as at 1 October 2014 Page 143 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 3 Transitional provisions for members of QR group [s 162] (2) The administering authority may— (a) continue to undertake that investigation in relation to, and exercise that enforcement power against, the member of QR Group; and (b) take the further actions it is entitled or empowered to take under the Act after the investigation or exercise of the enforcement power has ended; as if the member of QR Group continued to be an instrumentality or agency of the State for the purposes of section 106. (3) Subsection (4) applies if— (a) because of section 106, the administration and enforcement of a provision of the Act in relation to an environmentally relevant activity is not devolved to a local government; and (b) as at the change of ownership, an application has been properly made by a member of QR Group to the administering authority for approval of the environmentally relevant activity. (4) The administering authority may continue to assess and determine the application as if the member of QR Group continued to be an instrumentality or agency of the State for the purposes of section 106. Page 144 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 4 Transitional provision for Environmental Protection Legislation Amendment Regulation (No. 1) 2010 [s 163] Part 4 Transitional provision for Environmental Protection Legislation Amendment Regulation (No. 1) 2010

163 Administering authority to refund portion of particular annual fees (1) This section applies if— (a) before the commencement— (i) a person made a development application, or held a registration certificate, for sewage treatment involving operating sewage treatment works (the relevant activity); and (ii) the person carried out the relevant activity within the threshold (the existing threshold) mentioned in schedule 2, section 63(3), table, item 2(a) or (b), as in force before the commencement; and (iii) the person paid the annual fee (the previous annual fee) for the development application or registration certificate for carrying out the relevant activity within the existing threshold; and (b) the relevant activity would have been carried out within the threshold (the new threshold) mentioned in schedule 2, section 63(3), table, item 2(a)(i) or (b)(i), if the new threshold had applied to carrying out the activity. (2) The administering authority must refund the person the amount that is the difference between— (a) the previous annual fee; and (b) the annual fee that would have been payable for the development application or registration certificate as if— Current as at 1 October 2014 Page 145 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 5 Transitional provision for Environmental Protection Amendment Regulation (No. 1) 2011 [s 164] (i) the relevant activity had been carried out within the new threshold; and (ii) the new threshold had applied to carrying out the relevant activity when the previous annual fee was paid. (3) In this section— commencement means the commencement of this section. operating, sewage treatment works, see schedule 2, section 63(4). sewage treatment means the environmentally relevant activity, sewage treatment, to which schedule 2, section 63 applies. Part 5 Transitional provision for Environmental Protection Amendment Regulation (No. 1) 2011

164 Administering authority to refund particular application and annual fees (1) This section applies if— (a) before the commencement— (i) a person held a development approval or registration certificate for carrying out asphalt manufacturing or extractive and screening activities at a site; and (ii) for carrying out the asphalt manufacturing or extractive and screening activities, the person stored 10m3 to 500m3 of chemicals of class C1 or Page 146 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 5 Transitional provision for Environmental Protection Amendment Regulation (No. 1) 2011 [s 164] C2 combustible liquids under AS 1940 or dangerous goods class 3 at the site; and (iii) the person made a development application (the later application) to carry out chemical storage within the threshold mentioned in schedule 2, section 8(3), table, item (3)(a) at the site and paid the application fee for the application and the annual fee for a development approval for the chemical storage; and (iv) the administering authority had not assessed the later application; and (b) the person has continued to hold the development approval or registration certificate mentioned in paragraph (a)(i) since the commencement; and (c) the person withdraws the later application. (2) The administering authority must refund the person— (a) the application fee for the later application; and (b) the annual fee for the development approval for the chemical storage. (3) In this section— asphalt manufacturing means the environmentally relevant activity under schedule 2, section 6. chemical storage means the environmentally relevant activity under schedule 2, section 8. commencement means the commencement of this section. extractive and screening activities means the environmentally relevant activity under schedule 2, section 16. Current as at 1 October 2014 Page 147 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 6 Transitional provisions for Environmental Protection Amendment Regulation (No. 4) 2011 [s 165] Part 6 Transitional provisions for Environmental Protection Amendment Regulation (No. 4) 2011

165 Administering authority to refund portion of particular EIS fees (1) This section applies if a proponent for a project— (a) before the commencement, has submitted draft terms of reference for an EIS for the project under section 41 of the Act; and (b) has not submitted the EIS under section 47 of the Act; and (c) gives the chief executive a written notice stating that the proponent does not intend to submit the EIS. (2) The administering authority must refund to the proponent the previous fee less the administrative component of the fee. (3) In this section— administrative component, of the fee, means $30,000. commencement means the commencement of this section. previous fee means the fee for the submission of the draft terms of reference stated in schedule 10, part 1, item 1 before the commencement.

166 Particular persons exempt from payment of EIS fee (1) This section applies if a proponent for a project— (a) before the commencement of this section, has submitted draft terms of reference for an EIS for the project under section 41 of the Act; and (b) on or after the commencement, submits the EIS under section 47 of the Act. Page 148 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 6 Transitional provisions for Environmental Protection Amendment Regulation (No. 4) 2011 [s 167] (2) Despite section 47(2) of the Act, the proponent is exempt from payment of the fee for submitting the EIS.

167 Administering authority to refund portion of particular annual fees (1) This section applies if during the prescribed period— (a) a person— (i) made a development application, or held a registration certificate, for chemical manufacturing involving manufacturing fertiliser (the relevant activity); and (ii) carried out the relevant activity within the threshold (the existing threshold) mentioned in schedule 2, part 2, section 7(3), table, item 3(e), as in force immediately before the commencement of this section; and (iii) paid the annual fee (the previous annual fee) for the development application or registration certificate for carrying out the relevant activity within the existing threshold; and (b) the relevant activity would have been carried out within the threshold (the new threshold) mentioned in schedule 2, part 2, section 7(3), table, item 4(a), if the new threshold had applied to carrying out the activity. (2) The administering authority must refund to the person the amount that is the difference between— (a) the previous annual fee; and (b) the annual fee that would have been payable for the development application or registration certificate if— (i) the relevant activity had been carried out within the new threshold; and Current as at 1 October 2014 Page 149 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 7 Transitional provisions for Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2013 [s 168] (ii) the new threshold had applied to carrying out the relevant activity when the previous annual fee was paid. (3) In this section— manufacturing fertiliser means the environmentally relevant activity, manufacturing fertiliser, to which schedule 2, part 2, section 7 applies. prescribed period means the period starting on 1 January 2009 and ending at the end of the day immediately before the commencement of this section. Part 7 Transitional provisions for Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2013 Division 1 Fees

168 Refund of annual fee if environmental authorities amalgamated (1) This section applies if— (a) the holder of 2 or more environmental authorities (mining activities) made an amendment application under section 238(2) of the Act on or after 1 March 2011 but before 2 November 2012; and (b) the amendment application was or is granted. (2) The administering authority must refund to the holder the amount that is the difference between— (a) the total of the annual fees paid by the holder for the environmental authorities for the relevant period; and Page 150 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 7 Transitional provisions for Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2013 [s 169] (b) the total of the annual fees that would have been payable by the holder for 1 environmental authority for the relevant period. (3) In this section— relevant period means the period from 1 January 2009 until the day the amendment application was or is granted.

169 Exemption from payment of annual fee if relevant mining tenement not granted (1) This section applies if— (a) a person is granted an environmental authority (mining activities) for a level 2 mining project on or before 31 March 2013; and (b) the person has applied for 1 or more relevant mining tenements for the environmental authority mentioned in paragraph (a); and (c) all the applications for a relevant mining tenement mentioned in paragraph (b) are not granted. (2) The person is exempt from payment of the annual fee for the environmental authority until the next anniversary day for the authority after the earliest day on which at least 1 of the relevant mining tenements is granted. Division 2 Existing environmentally relevant activities

170 Eligibility criteria and standard conditions for particular environmentally relevant activities Schedule 3 mentions the codes of environmental compliance for which— (a) the matters identified as eligibility criteria in the code continue to be taken to be the eligibility criteria for the Current as at 1 October 2014 Page 151 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 7 Transitional provisions for Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2013 [s 171] environmentally relevant activity under section 707A(2)(a) of the Act; and (b) standard environmental conditions of the code continue to be taken to be the standard conditions for the environmentally relevant activity until new standard conditions for the activity take effect under section 707A(2)(b) of the Act.

171 Non-transitional ERAs—Act, s 676A (1) An activity that was a former environmentally relevant activity but is not a prescribed ERA after the commencement of this section, is prescribed for section 676A(1) of the Act. Editor’s note— For a list of former environmentally relevant activities see the department’s website <www.ehp.qld.gov.au> (2) In this section— former environmentally relevant activity means an activity to which a section under schedule 2, of the former regulation, applied. former regulation means this regulation as in force immediately before the commencement of this section.

172 Prescribed day—Act, s 676C For section 676C(1) of the Act, the day prescribed is 31 March 2013.

173 Temporary devolution of power for application relating to prescribed ERA that is poultry farming (1) This section applies to an application, made under the Act, relating to a prescribed ERA that is poultry farming, if— (a) before the commencement of this section, a person made the application to a local government; and Page 152 Current as at 1 October 2014 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 8 Transitional provisions for Environmental Protection Amendment Regulation (No. 2) 2013 [s 174] (b) the application has not been decided by the local government. (2) The administration of the Act in relation to deciding the application is a matter devolved to the local government for the purpose of the application and only until the application is decided. Part 8 Transitional provisions for Environmental Protection Amendment Regulation (No. 2) 2013

174 Continuing devolution of power for particular local governments (1) This section applies to an application, made under the Act, relating to a prescribed ERA mentioned in section 101 if— (a) before the commencement of this section, a person made the application to a local government mentioned in schedule 8A; and (b) at the commencement, the application had not been decided by the local government. (2) The administration of the Act in relation to deciding the application continues to be devolved to the local government for the purpose of the application and only until the application is decided.

175 When to pay financial assurance (1) This section applies if, within 30 business days after the commencement of this section, a holder of a small scale mining tenure carries out a mining activity mentioned in schedule 2C, part 2, section 1. Current as at 1 October 2014 Page 153 Environmental Protection Regulation 2008 Chapter 9 Repeal, transitional and savings provisions Part 9 Transitional provision for Environment Legislation Amendment and Repeal Regulation (No. 1) 2014 [s 176] (2) Despite schedule 2C, part 2, section 11(a), the holder must pay the financial assurance within 30 business days after the commencement of this section. Part 9 Transitional provision for Environment Legislation Amendment and Repeal Regulation (No. 1) 2014

176 Compliance notice given under repealed regulation (1) On and from the commencement, a written notice given by an authorised person to an affected person under section 10P(1) of the repealed regulation is taken to be a notice to comply given by an authorised person under section 81ZN. (2) In this section— repealed regulation means the Environmental Protection (Waste Management) Regulation 2000. Page 154 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 1 Schedule 1 Matters to be addressed by assessment under EIS sections 5(1) and 6(b)(ii) General information 1 the background of the project including, for example, the following matters— • the project’s title • the designated proponent’s full name and postal address • a clear outline of the project’s objective • the project’s location • the background to the project’s development • how the project relates to any other actions, of which the proponent should reasonably be aware, that have been, or are being, taken or that have been approved in the area affected by the project • the project’s current status • the consequences of not proceeding with the project Description 2 a description of the project, including the following matters— • the project’s components • the precise location of works to be undertaken, structures to be built or components of the project that may have relevant impacts • how the works are to be undertaken and design parameters for aspects of the structures or components of the project that may have relevant impacts • the project’s relevant impacts, including the matters under item 3 Current as at 1 October 2014 Page 155 Environmental Protection Regulation 2008 Schedule 1 • proposed safeguards and mitigation measures for dealing with the project’s relevant impacts, including the matters under item 4 • any other requirements for, or conditions of, approval applying, or that the proponent reasonably believes are likely to apply, to the proposed project, including the matters under item 5 • to the extent reasonably practicable, any feasible alternatives to the project, including, for example, the following— • if relevant, the alternative of taking no action • a comparative description of the impacts of each alternative on the matters of national environmental significance • sufficient detail to clarify why any alternative is preferred to another • any consultation about the project, including, for example, the following— • consultation taken and any documented response to, or result of, the consultation • proposed consultation about the project’s relevant impacts • identification of affected persons and interested persons, including a statement mentioning any communities that may be affected and describing the communities’ views Relevant impacts 3 the project’s relevant impacts under item 2 include the following matters— • a description of the project’s relevant impacts • a detailed assessment of the nature and extent of the likely short-term and long-term relevant impacts • a statement about whether any relevant impacts are likely to be unknown, unpredictable or irreversible Page 156 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 1 • an analysis of the significance of the relevant impacts • any technical data and other information used or needed to make a detailed assessment of the relevant impacts Proposed safeguards and mitigation measures 4 the project’s proposed safeguards and mitigation measures under item 2 include the following matters— • a description, and an assessment of the expected or predicted effectiveness, of the mitigation measures for dealing with the project’s relevant impacts • any statutory or policy basis for the mitigation measures • the cost of the mitigation measures • an outline of an environmental management plan setting out the framework for continuing management, mitigation and monitoring programs for the project’s relevant impacts, including any provision for independent environmental auditing • the name of the entity responsible for endorsing or approving each mitigation measure or monitoring program • a consolidated list of mitigation measures proposed to be undertaken to prevent, minimise or compensate for the project’s relevant impacts, including mitigation measures proposed to be taken by the State, a local government or the proponent Other approvals and conditions 5 the project’s other approvals and conditions under item 2 include the following matters— • details of any planning instrument under the Planning Act dealing with the project including, for example, the following— Current as at 1 October 2014 Page 157 Environmental Protection Regulation 2008 Schedule 1 • what environmental assessment of the project has been, or is being, carried out under the planning instrument • how the planning instrument provides for preventing, minimising and managing the project’s relevant impacts • a description of any approval, other than the Commonwealth approval, obtained from a State or Commonwealth entity, including any approval conditions applying to the project • a statement identifying any other required approval, other than the Commonwealth approval • a description of the monitoring, enforcement and review procedures applying, or proposed to apply, to the project Proponent’s environmental record 6 details of any proceedings under a law of the Commonwealth or a State for the protection of the environment or the conservation and sustainable use of natural resources (an environmental law) against the following— • the proponent • the applicant for any permit under an environmental law for the project 7 if the proponent is a corporation, details of the corporation’s environmental policy and planning framework Information sources 8 details of the following about information given in the EIS— • the source of the information • how recent the information is • how the reliability of the information was tested • any uncertainties in the information Page 158 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 Schedule 2 Prescribed ERAs and aggregate environmental scores sections 14 and 17 Part 1 Aquaculture and intensive animal industry

1 Aquaculture (1) Aquaculture (the relevant activity) consists of cultivating or holding marine, estuarine or freshwater organisms in an enclosure on land or in waters. (2) The relevant activity does not include cultivating or holding marine, estuarine or freshwater organisms— (a) in an aquarium for display purposes only; or (b) in an enclosure from which no water, other than uncontaminated stormwater, can be released to waters; or (c) if the marine, estuarine or freshwater organisms receive no augmented food supply. (3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 cultivating or holding crustaceans in enclosures that are on land and have a total area of— (a) more than 100m2 11 C (b) more than 10ha but not more than 100ha 21 C Current as at 1 October 2014 Page 159 Environmental Protection Regulation 2008 Schedule 2 Threshold Aggregate 3 environmental score (c) more than 100ha 34 C 2 cultivating or holding marine, estuarine or freshwater organisms, other than crustaceans, in enclosures that are on land and have a total area of— (a) more than 100m2 but not more than10ha 19 C (b) more than 10ha but not more than 100ha 29 C (c) more than 100ha 32 C 3 carrying out the relevant activity in enclosures that are in waters and have a total area of— (a) no more than 1ha 26 C (b) more than 1ha 36 C (4) In this section— augmented food supply, for cultivating or holding marine, estuarine or freshwater organisms, means the addition of foods for cultivating or holding the organisms. enclosure includes a cage, pond or tank.

2 Intensive animal feedlotting (1) Intensive animal feedlotting (the relevant activity) consists of keeping more than 150 standard cattle units of cattle or more than 1000 standard sheep units of sheep in a feedlot. (2) The relevant activity does not include keeping cattle or sheep— (a) in a drought-declared area, if the animals are fed no more than their nutritional requirements; or (b) on a feed pad in a paddock; or (c) for no longer than is reasonably necessary for— Page 160 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 (i) sale, slaughter or transport; or (ii) weaning; or (iii) animal husbandry; or (iv) milking; or (v) shearing. (3) In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 keeping the following number of standard cattle units in a feedlot— (a) more than 150 but not more than 14 1000 (b) more than 1000 but not more than 10,000 28 C (c) more than 10,000 49 C 2 keeping the following number of standard sheep units in a feedlot— (a) more than 1000 but not more than 12 10,000 (b) more than 10,000 26 C (4) In this section— animal husbandry includes— (a) branding, dehorning, desexing, treating animals for pests (including preventative treating), vaccinating and veterinary work; and (b) managing or treating animals as required under a law of the State for public health or safety. Example— keeping animals in an area that has been placed in quarantine Current as at 1 October 2014 Page 161 Environmental Protection Regulation 2008 Schedule 2 cattle includes— (a) beef and dairy cattle; and (b) cattle of all ages. drought-declared area means an area that is considered to be severely affected by drought, however the relevant criterion is described, for the purpose of eligibility for assistance under a scheme administered by the State or Commonwealth government. feedlot means a confined yard or enclosure that— (a) contains watering and feeding facilities where cattle or sheep are fed entirely by hand or mechanically; and (b) is designed, constructed or used in a way that does not allow cattle or sheep in the yard or enclosure to graze. sheep includes sheep of all ages.

3 Pig keeping (1) Pig keeping (the relevant activity) consists of keeping more than 400 standard pig units of pigs. (2) The relevant activity does not include keeping pigs for no longer than is reasonably necessary for sale, slaughter or transport. (3) In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 keeping more than 400 but not more than 3500 standard pig units 27 2 keeping more than 3500 but not more than 8000 standard pig units 34 C 3 keeping more than 8000 standard pig units 43 C Page 162 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2

4 Poultry farming (1) Poultry farming (the relevant activity) consists of farming a total of more than 1000 birds for— (a) producing eggs or fertile eggs; or (b) rearing hatchlings, starter pullets or layers; or (c) rearing birds for meat. (2) In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 farming more than 1000 but not more than 200,000 birds no score 2 farming more than 200,000 birds 9 C (3) In this section— birds means any of the following— (a) chickens; (b) ducks; (c) geese; (d) guineafowl; (e) turkeys. Part 2 Chemical, coal and petroleum products activities

5 Alcohol production (1) Alcohol production (the relevant activity) consists of producing more than 200m3 of alcohol in a year. Current as at 1 October 2014 Page 163 Environmental Protection Regulation 2008 Schedule 2 (2) The relevant activity does not include production of alcoholic beverages by simple fermentation only. Example of simple fermentation— making beer (3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score producing more than 200m3 of alcohol in a year 48 C

6 Asphalt manufacturing (1) Asphalt manufacturing (the relevant activity) consists of manufacturing in a year more than 1000t of asphalt. (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score manufacturing more than 1000t of asphalt in a year 32 C

7 Chemical manufacturing (1) Chemical manufacturing (the relevant activity) consists of any of the following— (a) manufacturing a total of 200m3 or more of coating, food additives, industrial polish, sealant, synthetic dye, pigment, ink, adhesives or paint in a year; (b) manufacturing a total of 200t or more of chemicals, other than chemicals mentioned in paragraph (a), in a year; Page 164 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 (c) using in the manufacturing process a total of 200t or more of chemicals as feedstock in a year. (2) The relevant activity does not include— (a) mixing non-combustible or non-flammable chemicals or chemical products that are not dangerous goods by diluting the chemicals or chemical products with water only; or (b) blending ethanol with petrol; or (c) carrying out an activity to which another section under this schedule applies, or would apply if the activity were carried out within a stated threshold under that section. (3) In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 manufacturing 200m3 or more of water based paint in a year no score 2 manufacturing, in a year, the following total quantity of coating, food additives, industrial polish, sealant, synthetic dye, pigment, ink, adhesives or paint, other than water based paint— (a) 200m3 to 1000m3 10 C (b) more than 1000m3 but not more than 100,000m3 19 C (c) more than 100,000m3 37 C 3 manufacturing, in a year, a total of 200t or more of any of the following— (a) soap, surfactants or cleaning or toiletry products 39 (b) agricultural chemical products or chemicals for biological control 114 C Current as at 1 October 2014 Page 165 Environmental Protection Regulation 2008 Schedule 2 Threshold Aggregate 3 environmental score (c) medicines, pharmaceutical products, poisons or veterinary chemical products 115 C (d) explosives 138 C 4 manufacturing, in a year, the following quantities of fertiliser— (a) 200t to 5000t 33 C (b) more than 5000t 153 C 5 manufacturing, in a year, the following quantities of organic chemicals, other than organic chemicals to which items 1 to 4 apply— (a) 200t to 1000t 30 C (b) more than 1000t but not more than 10,000t 66 C (c) more than 10,000t but not more than 100,000t 139 C (d) more than 100,000t 202 C 6 manufacturing, in a year, the following quantities of inorganic chemicals, other than inorganic chemicals to which items 1 to 4 apply— (a) 200t to 1000t 56 C (b) more than 1000t but not more than 10,000t 115 C (c) more than 10,000t but not more than 100,000t 200 C (d) more than 100,000t 268 C (4) In this section— agricultural chemical product means an agricultural chemical product under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth). manufacturing includes combining, processing and reacting. Page 166 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 poison means a poison in the ‘Standard for the Uniform Scheduling of Drugs and Poisons’ compiled by the Australian Health Ministers’ Advisory Council and published by the Commonwealth. veterinary chemical product means a veterinary chemical product under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth).

8 Chemical storage (1) Chemical storage (the relevant activity) consists of storing— (a) 50t or more of chemicals of dangerous goods class 1 or class 2, division 2.3 in containers of at least 10m3; or (b) 50t or more of chemicals of dangerous goods class 6, division 6.1 in containers capable of holding at least 900kg of the chemicals; or (c) more than 500m3 of chemicals of class C1 or C2 combustible liquids under AS 1940 or dangerous goods class 3; or (d) the following quantities of other chemicals in containers of at least 10m3— (i) 200t or more, if they are solids or gases; (ii) 200m3 or more, if they are liquids. (2) However, the relevant activity does not include— (a) in-transit storage of chemicals; or (b) storing chemicals for carrying out an activity under section 7; or (c) transporting petroleum under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004; or (d) carrying out an activity to which section 55, 56, 57 or 58 applies. Current as at 1 October 2014 Page 167 Environmental Protection Regulation 2008 Schedule 2 (3) In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 storing a total of 50t or more of chemicals of dangerous goods class 1 or class 2, division 2.3 under subsection (1)(a) 51 C 2 storing 50t or more of chemicals of dangerous goods class 6, division 6.1 under subsection (1)(b) 51 C 3 storing more than 500m3 of chemicals of class C1 or C2 combustible liquids under AS 1940 or dangerous goods class 3 under subsection (1)(c) 85 C 4 storing 200t or more of chemicals that are solids or gases, other than chemicals mentioned in items 1 to 3, under subsection (1)(d) 31 C 5 storing 200m3 or more of chemicals that are liquids, other than chemicals mentioned in items 1 to 3, under subsection (1)(d) 31 C (4) In this section— container includes a package or tank. in-transit storage, of chemicals, means storage of the chemicals in a container for no more than 5 days at a place, if, during the storage— (a) the container holding the chemicals is not opened; and (b) the chemicals are neither used, nor intended to be used. Examples of in-transit storage— containers of chemicals being transported or awaiting transport or collection because of unavoidable delay Page 168 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2

9 Hydrocarbon gas refining (1) Hydrocarbon gas refining (the relevant activity) consists of refining natural gas or coal seam methane gas. (2) The relevant activity does not include— (a) collecting gas from sewage treatment works or from decomposition of organic waste in landfills associated with carrying out a relevant waste management activity; or (b) collecting naturally occurring gas from coal seams if the collection is authorised under an environmental authority for a resource activity; or (c) reforming or synthesising gas. (3) In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score refining in a year— (a) less than 200,000,000m3 of natural gas no score C (b) 200,000,000m3 or more of natural gas 19 C (c) coal seam gas 64 C

10 Gas producing (1) Gas producing (the relevant activity) consists of manufacturing, processing or reforming 200t or more of hydrocarbon gas in a year. (2) The relevant activity does not include— (a) collecting gas from sewage treatment works or from decomposition of organic waste in landfills associated with carrying out a relevant waste management activity; or (b) collecting gas from naturally occurring hydrocarbon deposits or coal seams. Current as at 1 October 2014 Page 169 Environmental Protection Regulation 2008 Schedule 2 (3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score manufacturing, processing or reforming 200t or more of hydrocarbon gas in a year 64 C (4) In this section— relevant waste management activity means an activity to which section 55, 56, 58 or 60 applies.

11 Oil refining or processing (1) Oil refining or processing (the relevant activity) consists of refining or processing crude oil or shale oil. (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score refining or processing, in a year, the following quantity of crude or shale oil— (a) less than 500m3 146 C (b) 500m3 to 150,000m3 186 C (c) more than 150,000m3 237 C

12 Plastic product manufacturing (1) Plastic product manufacturing (the relevant activity) consists of— (a) manufacturing, in a year, a total of 50t or more of plastic products, other than a plastic product mentioned in paragraph (b); or (b) manufacturing, in a year, a total of 5t or more of foam, composite plastics or rigid fibre-reinforced plastics. Page 170 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 manufacturing, in a year, a total of 50t or more of plastic product, other than a plastic product mentioned in item 2 28 C 2 manufacturing, in a year, a total of 5t or more of foam, composite plastics or rigid fibre-reinforced plastics 54 C

13 Tyre manufacturing or retreading (1) Tyre manufacturing and retreading (the relevant activity) consists of either or both of the following— (a) manufacturing tyres; (b) retreading tyres. (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 manufacturing tyres 36 C 2 retreading tyres 17 Part 3 Energy related services

14 Electricity generation (1) Electricity generation (the relevant activity) consists of generating electricity by using fuel at a rated capacity of 10MW electrical or more. Current as at 1 October 2014 Page 171 Environmental Protection Regulation 2008 Schedule 2 (2) The relevant activity does not include co-generating electricity in association with carrying out another environmentally relevant activity. (3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 generating electricity by using gas at a rated capacity of 10MW electrical or more 72 C 2 generating electricity by using a fuel, other than gas, at a rated capacity of— (a) 10MW electrical to 150MW electrical 76 C (b) more than 150MW electrical 151 C (4) In this section— co-generating means using a fuel to simultaneously produce heat and electrical energy.

15 Fuel burning (1) Fuel burning (the relevant activity) consists of using fuel burning equipment that is capable of burning at least 500kg of fuel in an hour. (2) The relevant activity does not include burning fuel for— (a) carrying out an activity to which another section applies or would apply if it were carried out within a stated threshold under that section; or (b) operating a stand-by generator for fewer than 200 hours in a year; or (c) operating mobile equipment to respond, or for training to respond, to an emergency. Page 172 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 (3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score using fuel burning equipment that is capable of burning at least 500kg of fuel in an hour 35 C Part 4 Extractive activities

16 Extractive and screening activities (1) Extractive and screening activities (the relevant activity) consists of any of the following— (a) dredging a total of 1000t or more of material from the bed of naturally occurring surface waters, in a year; (b) extracting, other than by dredging, a total of 5000t or more of material, in a year, from an area; Examples— • extracting material for excavating a bund between existing waters and an artificial waterway being constructed on dry land • extracting virgin rock from a quarry • extracting rock, that has been previously broken, from a stockpile on the site from which the rock was originally extracted (c) screening 5000t or more of material, in a year. (2) The relevant activity does not include— (a) extracting material under an environmental authority for a resource activity; or (b) extracting material from a road reserve if— Current as at 1 October 2014 Page 173 Environmental Protection Regulation 2008 Schedule 2 (i) the material is to be used for constructing or maintaining a road; and (ii) the surface area from which the material is extracted is less than 10,000m2; or (c) extracting material from a place for constructing a road or railway at the place; or Examples— • cutting and filling land for constructing a road or railway • extracting material for constructing a tunnel for a road or railway (d) extracting material from a place, other than by dredging, for constructing the foundations of a building at the place; or (e) extracting material for reshaping land if— (i) reshaping the land does not involve blasting; and (ii) the material is not removed from the site from which it is extracted; or Example— cutting and filling land for creating building lots (f) screening material on the site from which it has been extracted in the course of carrying out an activity mentioned in paragraphs (a) to (e). (3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 dredging, in a year, the following quantity of material— (a) 1000t to 10,000t 11 C (b) more than 10,000t but not more than 100,000t 25 C (c) more than 100,000t but not more than 1,000,000t 44 C Page 174 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 Threshold Aggregate 3 environmental score (d) more than 1,000,000t 66 C 2 extracting, other than by dredging, in a year, the following quantity of material— (a) 5000t to 100,000t 22 (b) more than 100,000t but not more than 1,000,000t 39 C (c) more than 1,000,000t 57 C 3 screening, in a year, the following quantity of material— (a) 5000t to 100,000t 13 (b) more than 100,000t but not more than 1,000,000t 29 (c) more than 1,000,000t 47 (4) In this section— material includes clay, gravel, loam, rock, sand and other substances found in the earth. road reserve means a road reserve under the Land Act 1994. screening includes washing, crushing, grinding, milling, sizing or separating material. Part 5 Fabricated metal product activities

19 Metal forming (1) Metal hot forming consists of hot forming a total of 10,000t or more of metal in a year. Current as at 1 October 2014 Page 175 Environmental Protection Regulation 2008 Schedule 2 (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score hot forming a total of 10,000t or more of metal in a year no score C (3) In this section— hot forming, in relation to metal, includes to heat the metal and— (a) press, forge, extend, extrude or roll metal; or (b) form metal into plate, wire or rods; or (c) fabricate metal into sheets.

20 Metal recovery (1) Metal recovery (the relevant activity) consists of recovering metal by operating— (a) a scrap metal yard; or (b) a facility for dismantling automotive or mechanical equipment, including debonding brake or clutch components. (2) In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 recovering less than 100t of metal in a day no score C 2 recovering 100t or more of metal in a day, or 10,000t or more of metal in a year— (a) without using a fragmentiser 19 C (b) using a fragmentiser 51 C Page 176 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 Part 6 Food processing

22 Beverage production (1) Beverage production (the relevant activity) consists of producing 1ML or more of beverages in a year. (2) The relevant activity does not include— (a) carrying out an activity to which section 5 would apply, if the activity were carried out within a stated threshold under that section; or (b) producing non-alcoholic beverages if the production does not allow for the release of waste to waters; or (c) bottling water. (3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 1 producing, in a year, the following quantity of non-alcoholic beverages— (a) 1ML to 10ML 19 (b) more than 10ML 32 2 producing 1ML or more of alcoholic beverages in a year 55

23 Bottling and canning (1) Bottling and canning (the relevant activity) consists of bottling or canning 200t or more of food in a year. (2) The relevant activity does not include— (a) bottling or canning that is included under another environmentally relevant activity; or (b) bottling water. Current as at 1 October 2014 Page 177 Environmental Protection Regulation 2008 Schedule 2 (3) The aggregate environmental score for the relevant activity is 45.

24 Edible oil manufacturing or processing (1) Edible oil manufacturing or processing consists of manufacturing or processing 1000t or more of feedstock material for edible oil production in a year. (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score manufacturing or processing 1000t or more of feedstock material for edible oil production in a year 38 C

25 Meat processing (1) Meat processing (the relevant activity) consists of either of the following— (a) processing 1000t or more of meat or meat products in a year, whether or not the processing includes rendering; (b) rendering 100t or more of meat or meat products in a year, if the meat or meat products are not otherwise processed. (2) The relevant activity does not include— (a) processing meat or meat products involving only chilling, curing, drying, freezing, packaging or smoking the meat or meat products; or (b) processing meat or meat products in retail premises, including, for example, butcher shops and supermarkets. Page 178 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 (3) In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 processing, not including rendering, in a year, the following quantity of meat or meat products— (a) 1000t to 5000t 16 (b) more than 5000t but not more than 50,000t 26 C (c) more than 50,000t 41 C 2 processing, including rendering, in a year, the following quantity of meat or meat products— (a) 1000t to 5000t 25 (b) more than 5000t but not more than 50,000t 48 C (c) more than 50,000t 66 C 3 rendering, without any other processing, in a year, the following quantity of meat or meat products— (a) 100t to 500t no score C (b) more than 500t 29 C (4) In this section— processing, meat or meat products, includes slaughtering animals to produce meat or meat products. rendering meat or meat products, means extracting by-products from the processing of animals, including fat, tallow, derivatives of fat or tallow or proteinaceous matter.

26 Milk processing (1) Milk processing (the relevant activity) consists of manufacturing or processing a total of 200t or more of dairy products in a year. Current as at 1 October 2014 Page 179 Environmental Protection Regulation 2008 Schedule 2 (2) The relevant activity does not include processing milk on a farm in the course of normal farm operations. (3) The aggregate environmental score for the relevant activity is 37. (4) In this section— dairy products includes milk, evaporated or condensed milk, butter, cheese and ice-cream. processing includes separating and evaporating.

27 Seafood processing (1) Seafood processing (the relevant activity) consists of processing, in a year, 500t or more of seafood or seafood products. (2) The relevant activity does not include— (a) processing seafood involving only chilling, curing, drying, freezing, packaging or smoking the seafood; or (b) processing seafood in retail premises, including, for example, fish shops and supermarkets; or (c) cooking whole animals; or (d) processing seafood on a boat in waters. (3) The aggregate environmental score for the relevant activity is 15.

28 Sugar milling or refining (1) Sugar milling or refining (the relevant activity) consists of either— (a) crushing or grinding 200t or more of sugar cane in a year; or (b) manufacturing 200t or more of sugar or other sugarcane products in a year. Page 180 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score crushing or grinding 200t or more of sugar cane in a year or manufacturing 200t or more of sugar or other sugarcane products in a year 48 C Part 7 Metal production and mineral processing activities

29 Metal foundry operation (1) Metal foundry operation (the relevant activity) consists of— (a) producing 100t or more of ferrous metal castings in a year; or (b) producing 50t or more of non-ferrous metal castings in a year. (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 producing, in a year, the following quantity of ferrous metal castings— (a) 100t to 1000t 35 C (b) more than 1000t but not more than 5000t 45 C (c) more than 5000t but not more than 10,000t 47 C (d) more than 10,000t 62 C Current as at 1 October 2014 Page 181 Environmental Protection Regulation 2008 Schedule 2 Threshold Aggregate 3 environmental score 2 producing, in a year, 50t or more of non-ferrous metal castings using permanent moulds 13 3 producing, in a year, the following quantity of non-ferrous metal castings using non-permanent moulds— (a) 50t to 200t 16 (b) more than 200t but not more than 1000t 19 C (c) more than 1000t but not more than 5000t 28 C (d) more than 5000t 33 C

30 Metal smelting and refining (1) Metal smelting and refining (the relevant activity) consists of processing ores, ore concentrates or impure metals to produce in a year— (a) 1t or more of gold; or (b) 10t or more of— (i) a metal, other than gold; or (ii) a metalloid. (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score processing in a year— (a) 1t to 100t of gold 107 C (b) 10t to 100t of metalloids or metals other than gold 107 C Page 182 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 Threshold Aggregate 3 environmental score (c) more than 100t but not more than 10,000t of metals or metalloids 205 C (d) more than 10,000t of metals or metalloids 316 C (3) In this section— metalloid means an element that is both metallic and non-metallic. Examples— arsenic, bismuth, silicon processing includes smelting.

31 Mineral processing (1) Mineral processing (the relevant activity) consists of processing, in a year, a total of 1000t or more of coke or mineral products. (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 processing 1000t or more of coke in a year 148 C 2 processing, in a year, the following quantities of mineral products, other than coke— (a) 1000t to 100,000t 179 C (b) more than 100,000t 280 C (3) In this section— processing includes— (a) in relation to coke—quenching, cutting, crushing, and grading the coke; or Current as at 1 October 2014 Page 183 Environmental Protection Regulation 2008 Schedule 2 (b) in relation to other mineral products—washing, leaching, classifying, mixing and concentrating the mineral products. Example for paragraph (b)— magnetic separation of magnetite Part 8 Miscellaneous activities

32 Battery manufacturing (1) Battery manufacturing consists of manufacturing 200t or more of batteries in a year. (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score manufacturing 200t or more of batteries in a year 35 C

33 Crushing, milling, grinding or screening (1) Crushing, milling, grinding or screening (the relevant activity) consists of crushing, grinding, milling or screening more than 5000t of material in a year. (2) The activity includes crushing waste, other than putrescible waste, to extract resources for reuse or recycling. (3) The relevant activity does not include— (a) crushing, grinding, milling or screening— (i) grain crops; or (ii) other agricultural products on a farm for use on the farm; or Page 184 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 (b) an activity to which section 16, 55 or 61 would apply, if the activity were carried out within a stated threshold under that section. (4) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score crushing, grinding, milling or screening more than 5000t of material in a year no score C

35 Plaster manufacturing (1) Plaster manufacturing consists of manufacturing or processing 5000t or more of plaster in a year. (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score manufacturing or processing 5000t or more of plaster in a year 47 C

36 Pulp or paper manufacturing (1) Pulp or paper manufacturing consists of manufacturing a total of 100t or more of pulp or paper products in a year. (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score manufacturing a total of 100t or more of pulp or paper products in a year 204 C (3) In this section— Current as at 1 October 2014 Page 185 Environmental Protection Regulation 2008 Schedule 2 pulp or paper products means pulp, paper, cardboard, moulded paper pulp or similar products manufactured from any organic, recycled or synthetic fibre.

38 Surface coating (1) Surface coating (the relevant activity) consists of using, in a year— (a) 1t or more of surface coating materials for anodising, electroplating, enamelling or galvanising; or (b) more than 100t of surface coating materials for coating or painting or powder coating. (2) The relevant activity does not include— (a) coating a surface using only a paintbrush, roller or sponge; or (b) coating or painting for marking pavements or roads; or (c) coating a surface in association with carrying out an activity to which section 48 or 49 applies. (3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 anodising, electroplating, enamelling or galvanising using, in a year, the following quantity of surface coating materials— (a) 1t to 100t 10 C (b) more than 100t but not more than 1000t 19 C (c) more than 1000t but not more than 10,000t 41 C (d) more than 10,000t 66 C 2 coating, painting or powder coating, using, in a year, more than 100t of surface coating materials 7 Page 186 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 (4) In this section— painting includes— (a) adding a surface coating other than anodising, electroplating, enamelling or galvanising surfaces; and (b) spray painting.

39 Tanning (1) Tanning consists of operating a tannery or facility for tanning, curing or finishing 100t or more of leather products in a year. (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score operating a tannery or facility for tanning, curing or finishing 100t or more of leather products in a year 56 C (3) In this section— leather products includes— (a) cured animal skins or hides; and (b) finished leather.

40 Textile manufacturing (1) Textile manufacturing consists of manufacturing or processing, in a year, a total of 100t or more of any of the following textile products in the way stated for the product— (a) manufacturing carpet; (b) scouring or carbonising wool; (c) milling cotton; (d) bleaching, dyeing or finishing natural fibre or synthetic textiles. Current as at 1 October 2014 Page 187 Environmental Protection Regulation 2008 Schedule 2 (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score 1 manufacturing or processing, in a year, a total of 100t or more of carpet 27 C 2 manufacturing or processing, in a year, a total of 100t or more of scouring or carbonising wool 27 C 3 manufacturing or processing, in a year, a total of 100t or more of milling cotton 27 C 4 manufacturing or processing, in a year, a total of 100t or more of bleaching, dyeing or finishing natural fibre or synthetic textiles 27 C Part 9 Non-metallic mineral product manufacture

41 Cement manufacturing (1) Cement manufacturing consists of, in a year— (a) manufacturing 200t or more of cement; or (b) calcining 200t or more of limestone. Page 188 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score 1 manufacturing 200t or more of cement in a year 92 C 2 calcining 200t or more of limestone in a year 92 C

42 Clay or ceramic products manufacturing (1) Clay or ceramic products manufacturing (the relevant activity) consists of manufacturing 200t or more of clay or ceramic products in a year. (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score manufacturing the following quantity of clay or ceramic products in a year— (a) 200t to 5000t 32 C (b) more than 5000t 62 C (3) In this section— clay or ceramic products includes bricks, pipes, pottery, refractories and tiles.

44 Glass or glass fibre manufacturing (1) Glass or glass fibre manufacturing consists of manufacturing 200t or more of glass or glass fibre in a year. Current as at 1 October 2014 Page 189 Environmental Protection Regulation 2008 Schedule 2 (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score manufacturing 200t or more of glass or glass fibre in a year 67 C

45 Mineral wool or ceramic fibre manufacturing (1) Mineral wool or ceramic fibre manufacturing consists of manufacturing mineral wool or ceramic fibre. (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score manufacturing mineral wool or ceramic fibre 55 C Part 10 Sawmilling, woodchipping, and timber and laminated product manufacturing

46 Chemically treating timber (1) Chemically treating timber consists of using chemicals to treat timber for preservation, on a commercial basis. Page 190 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score using chemicals to treat timber for preservation, on a commercial basis 42 C

47 Timber milling and woodchipping (1) Timber milling and woodchipping (the relevant activity) consists of milling a total of 5000t or more of timber in a year. (2) The relevant activity includes— (a) kiln-drying timber that has been milled; and (b) producing timber veneer. (3) The relevant activity does not include— (a) carrying out the relevant activity as a mobile and temporary environmentally relevant activity for fewer than 2 consecutive days at any one place; or (b) carrying out the relevant activity in association with carrying on an activity to which section 48 applies, or would apply, if the activity were carried out within a stated threshold under that section. (4) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score milling, in a year, the following total quantity of timber— (a) 5000t to 10,000t 22 C (b) more than 10,000t but not more than 20,000t 35 C Current as at 1 October 2014 Page 191 Environmental Protection Regulation 2008 Schedule 2 Threshold Aggregate 3 environmental score (c) more than 20,000t but not more than 100,000t 58 C (d) more than 100,000t 69 C (5) In this section— milling includes sawing, cutting, chipping, compressing, dressing, finger-jointing, and machining. timber includes logs.

48 Timber and laminated product fabrication (1) Timber and laminated product manufacture (the relevant activity) consists of manufacturing, in a year, a total of— (a) 5000t or more of reconstituted timber products; or (b) 100t or more of laminated products. (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 manufacturing, in a year, the following quantity of reconstituted timber products— (a) 5000t to 10,000t 42 C (b) more than 10,000t 70 C 2 manufacturing in a year 100t or more of laminated products 55 C (3) In this section— laminated products includes high pressure laminate sheeting, laminate-covered wooden or reconstituted timber products, thick laminates and fibre polymer laminates. Page 192 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 reconstituted timber products includes chipboard, glue laminated timber, laminated veneer lumber, medium density fibreboard and plywood. Part 11 Transport and maritime services

49 Boat maintenance or repair (1) Boat maintenance or repair (the relevant activity) consists of operating, on a commercial basis, a boat maintenance or repair facility for maintaining or repairing hulls, superstructure or mechanical components of boats or seaplanes if the facility is within 50 metres of a bed of naturally occurring surface waters. (2) The relevant activity includes cleaning or maintaining hulls in water at a boat maintenance or repair facility or another place. (3) The relevant activity does not include sail making. (4) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score operating, on a commercial basis, a boat maintenance or repair facility for maintaining or repairing hulls, superstructure or mechanical components of boats or seaplanes 17 C

50 Bulk material handling (1) Bulk material handling (the relevant activity) consists of— (a) loading or unloading minerals at a rate of 100t or more a day; or Current as at 1 October 2014 Page 193 Environmental Protection Regulation 2008 Schedule 2 (b) stockpiling 50,000t or more of minerals; or (c) loading or unloading bulk materials— (i) in connection with operations at a port; and (ii) at a rate of 100t or more a day; or (d) stockpiling bulk materials in connection with operations at a port. (2) The relevant activity does not include loading, unloading or stockpiling materials under an environmental authority for a resource activity. (3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 loading or unloading 100t or more of minerals in a day or stockpiling 50,000t or more of minerals— (a) within 5km of the highest astronomical tide or 1km of a watercourse 73 C (b) at another place 49 C 2 loading or unloading 100t or more of bulk materials in a day or stockpiling bulk materials 73 C (4) In this section— bulk materials means unpackaged and loose materials or goods, other than minerals. mineral see the Mineral Resources Act 1989, schedule. port means the port area for a port under the Transport Infrastructure Act 1994, section 267AA. Page 194 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2

51 Road tunnel ventilation stack operation (1) Road tunnel ventilation stack operation consists of operating a road tunnel ventilation stack. (2) The relevant activity does not include carrying out an activity associated with operating a road tunnel ventilation stack for the projects known as Clem Jones Tunnel and Airport Link Project described in the Coordinator-General’s reports for the EIS, and change reports, for the projects under the State Development and Public Works Organisation Act 1971. Editor’s note— The Clem Jones Tunnel was formerly called the North-South Bypass Tunnel. (3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score operating a road tunnel ventilation stack 36 C Part 12 Waste management

52 Battery recycling (1) Battery recycling consists of operating a facility for receiving, and recycling or reprocessing, any type of battery. (2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score operating a facility for receiving, and recycling or reprocessing, any type of battery no score C Current as at 1 October 2014 Page 195 Environmental Protection Regulation 2008 Schedule 2

53 Composting and soil conditioner manufacturing (1) Composting and soil conditioner manufacturing (the relevant activity) consists of manufacturing, from organic material or organic waste, 200t or more of compost or soil conditioners in a year. (2) The relevant activity does not include— (a) manufacturing mushroom growing substrate; or (b) composting material from agriculture or livestock production on the site where it is produced. (3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score manufacturing, from organic material or organic waste, 200t or more of compost or soil conditioners in a year 18 C (4) In this section— organic waste— (a) includes the following— (i) a substance used for manufacturing fertiliser for agricultural, horticultural or garden use; (ii) animal manure; (iii) biosolids; (iv) cardboard and paper waste; (v) fish processing waste; (vi) food and food processing waste; (vii) plant material; (viii) poultry processing waste; (ix) waste generated from an abattoir; but Page 196 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 (b) does not include— (i) clinical or related waste; or (ii) contaminated soil; or (iii) organic chemicals, other than a substance mentioned in paragraph (a)(i); or Examples of organic chemicals for subparagraph (iii)— chlorinated hydrocarbons, lubricating greases, pesticides, tars (iv) plastics that are not compostable.

55 Regulated waste recycling or reprocessing (1) Regulated waste recycling or reprocessing (the relevant activity) consists of operating a facility for receiving, and recycling or reprocessing, regulated waste to produce saleable products. (2) The relevant activity does not include— (a) carrying out an activity to which section 25 or 53 would apply if the activity were carried out within a stated threshold under any of those sections; or (b) carrying out an activity to which section 52 applies; or (c) recycling or reprocessing tyres; or (d) manufacturing mushroom growing substrate. Current as at 1 October 2014 Page 197 Environmental Protection Regulation 2008 Schedule 2 (3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 carrying out the relevant activity if— (a) the regulated waste is in a solid form or an aqueous solution or suspension; and (b) no more than 10t of regulated waste is stored or processed at the facility in a day; and (c) all liquid or solid waste generated from the activity is released to a local government’s sewerage infrastructure or a facility mentioned in section 56, 58, 60 or 61 9 C 2 otherwise carrying out the relevant activity 85 C

56 Regulated waste storage (1) Regulated waste storage (the relevant activity) consists of operating a facility for receiving and storing regulated waste for more than 24 hours. (2) The relevant activity does not include— (a) storing tyres or parts of tyres; or (b) storing regulated waste in transit; or (c) storing at a facility, for no more than 28 days, any of the following, awaiting removal from the facility for recycling, reprocessing, treatment or disposal— (i) pharmaceuticals; (ii) body parts; (iii) clinical waste consisting only of sharps in sharps containers that comply with AS 4031 or AS/NZS 4261; or Page 198 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 (d) storing at a facility chemically treated power poles awaiting removal from the facility for recycling, reprocessing or treatment; or (e) storing at a facility any of the following, awaiting removal from the facility for recycling, reprocessing or treatment— (i) not more than 3000 used lead-acid batteries, up to a total mass of 45t; (ii) not more than 5000L of waste oil; or (f) carrying out an activity to which section 20, 25, 27, 53, 60, 61 or 62 would apply if the activity were carried out within a stated threshold under the section; or (g) carrying out an activity to which section 55 or 58 applies. (3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score receiving and storing regulated waste 21 C (4) In this section— AS 4031 means ‘AS 4031:1992—Non-reusable containers for the collection of sharp medical items used in health care areas’. AS/NZS 4261 means ‘AS/NZS 4261:1994—Reusable containers for the collection of sharp items used in human and animal medical applications’. in-transit, in relation to storing regulated waste, means storing the waste for no more than 5 days, including, for example, while transporting the waste or because of an unavoidable delay in transporting the waste.

57 Regulated waste transport (1) Regulated waste transport (the relevant activity) consists of— Current as at 1 October 2014 Page 199 Environmental Protection Regulation 2008 Schedule 2 (a) transporting on a non-commercial basis 250kg or more of regulated waste in a vehicle; or (b) transporting on a commercial basis any quantity of regulated waste in a vehicle. (2) The relevant activity does not include transporting chemically treated power poles in a vehicle. (3) In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate environmental score 1 transporting tyres no score 2 transporting regulated waste, other than tyres, in— (a) 1 to 5 vehicles 7 (b) 6 to 35 vehicles 21 (c) 36 or more vehicles 42 (4) In this section— vehicle includes the part of an aircraft, boat, rolling stock, semi-trailer, tanker, trailer or truck, used to transport the regulated waste.

58 Regulated waste treatment (1) Regulated waste treatment (the relevant activity) consists of operating a facility for receiving and treating regulated waste or contaminated soil to render the waste or soil non-hazardous or less hazardous. (2) The relevant activity does not include— (a) carrying out an activity to which section 25, 27, 53, 59 or 61 would apply if the activity were carried out within a stated threshold under any of those sections; or (b) carrying out an activity to which section 52 or 55 applies; or Page 200 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 (c) remediation of contaminated soil at the site of the contamination. (3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score operating a facility for receiving and treating regulated waste or contaminated soil to render the waste or soil non-hazardous or less hazardous 90 C (4) In this section— regulated waste does not include reconditioned drums or containers that are clean and do not contain residues.

59 Tyre recycling (1) Tyre recycling (the relevant activity) consists of operating a facility on a commercial basis for receiving and recycling or receiving and reprocessing 1000 or more equivalent passenger units of tyres, or parts of tyres, in a year. (2) The relevant activity does not include retreading tyres. (3) There is no aggregate environmental score for the relevant activity.

60 Waste disposal (1) Waste disposal (the relevant activity) consists of only 1 of the following— (a) operating a facility for disposing of— (i) only regulated waste; or (ii) regulated waste and any, or any combination, of the following— (A) general waste; Current as at 1 October 2014 Page 201 Environmental Protection Regulation 2008 Schedule 2 (B) limited regulated waste; (C) if the facility is in a scheduled area—no more than 5t of untreated clinical waste in a year; (b) operating a facility for disposing of, in a year, 50t or more of waste consisting of— (i) only general waste; or (ii) general waste and either, or a combination, of the following— (A) a quantity of limited regulated waste that is no more than 10% of the total amount of waste received at the facility in a year; (B) if the facility is in a scheduled area—no more than 5t of untreated clinical waste. (2) The relevant activity does not include using clean earthen material as fill. (3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 operating a facility for disposing of, in a year, the following quantity of waste mentioned in subsection (1)(a)— (a) less than 50,000t 50 C (b) 50,000t to 100,000t 82 C (c) more than 100,000t but not more than 200,000t 100 C (d) more than 200,000t 110 C 2 operating a facility for disposing of, in a year, the following quantity of waste mentioned in subsection (1)(b)— (a) 50t to 2000t 13 Page 202 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 Threshold Aggregate 3 environmental score (b) more than 2000t but not more than 5000t 20 (c) more than 5000t but not more than 10,000t 29 (d) more than 10,000t but not more than 20,000t 41 C (e) more than 20,000t but not more than 50,000t 53 C (f) more than 50,000t but not more than 100,000t 58 C (g) more than 100,000t but not more than 200,000t 73 C (h) more than 200,000t 96 C (4) In this section— clean earth means earth that has trace elements and contaminant levels within the interim ecologically-based investigation levels for urban land use under the document ‘Schedule B(1)—Guidelines on the Investigation of Soil and Groundwater’, forming part of the National Environment Protection (Assessment of Site Contamination) Measure 1999. Note— The National Environment Protection (Assessment of Site Contamination) Measure 1999 made under the National Environment Protection Council Act 1994 (Cwlth), section 14(1), is available at government bookshops. Editor’s note— On the day this regulation was notified in the gazette the document was also available on the Environment Protection and Heritage Council’s website at <www.ephc.gov.au>. clean earthen materials means— (a) bricks, pavers, ceramics or concrete that does not contain embedded steel reinforcing rods, pulverised to a size of no more than 100mm; or Current as at 1 October 2014 Page 203 Environmental Protection Regulation 2008 Schedule 2 (b) clean earth. facility includes a naturally occurring or constructed hollow or pit, including, for example, a gully, mining shaft or quarry, but does not include a hollow or pit on a farm used for receiving and disposing of general waste produced on the farm.

61 Waste incineration and thermal treatment (1) Waste incineration and thermal treatment (the relevant activity) consists of operating a facility for incinerating or thermally treating waste. (2) The relevant activity does not include— (a) incinerating human or animal remains unless the remains are clinical waste or quarantine waste; or (b) thermal treatment of waste carried out as part of another activity that is a concurrence ERA. Example— thermally treating waste to generate electricity under section 14 (Electricity generation) (3) In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 incinerating waste vegetation, clean paper or cardboard no score C 2 incinerating or thermally treating, in a year, the following quantity of general waste— (a) less than 5000t 18 C (b) 5000t or more 30 C 3 incinerating or thermally treating— (a) clinical waste or quarantine waste 51 C (b) other regulated waste 41 C Page 204 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 (4) In this section— facility, for incinerating vegetation, includes a fixed or mobile apparatus for blowing air into a hole in the ground to facilitate the incineration of the vegetation. thermally treating, in relation to waste, means applying heat to the waste to render the waste less hazardous for disposal. Examples— using an autoclave facility or plasma arc

62 Waste transfer station operation (1) Waste transfer station operation (the relevant activity) consists of operating, on a commercial basis or in the course of carrying on a commercial enterprise, a waste transfer station that receives a total quantity of at least 30t or 30m³ of waste on any day. (2) A waste transfer station is taken to have received a quantity of at least 30m³ of waste if the station receives containers or vehicles that have a combined total capacity of at least 30m³. (3) The relevant activity does not include operating a waste transfer station on a site if an activity to which section 60 applies is carried out on the site. (4) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the activity is carried out. Threshold Aggregate 3 environmental score operating, on a commercial basis or in the course of carrying on a commercial enterprise, a waste transfer station that receives a total quantity of at least 30t or 30m³ of waste on any day 31 C (5) In this section— waste transfer station means a facility used for— (a) sorting or consolidating waste; and Current as at 1 October 2014 Page 205 Environmental Protection Regulation 2008 Schedule 2 (b) temporarily storing the waste before moving it from the site where the relevant activity is carried out. Example of a waste transfer station— a facility managed commercially that receives and sorts waste, sends the recyclable waste to a recycling facility and the non-recyclable waste to a landfill on another site Part 13 Water treatment services

63 Sewage treatment (1) Sewage treatment (the relevant activity) consists of— (a) operating 1 or more sewage treatment works at a site that have a total daily peak design capacity of at least 21EP; or (b) operating a sewage pumping station with a total design capacity of more than 40KL in an hour, if the operation of the pumping station is not an essential part of the operation of sewage treatment works to which paragraph (a) applies. (2) The relevant activity does not include— (a) carrying out works, other than operating a sewage pumping station mentioned in subsection (1)(b), involving only infrastructure for the collection of sewage, including, for example, pipes; or (b) carrying out works involving either of the following— (i) operating or maintaining composting toilets; (ii) treating or recycling greywater; or (c) operating no-release works. Page 206 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 (3) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 operating sewage treatment works, other than no-release works, with a total daily peak design capacity of— (a) 21 to 100EP— (i) if treated effluent is discharged from the works to an infiltration trench or through an irrigation scheme; or 14 (ii) otherwise 27 C (b) more than 100 but not more than 1500EP— (i) if treated effluent is discharged from the works to an infiltration trench or through an irrigation scheme; or 27 (ii) otherwise 53 C (c) more than 1500 but not more than 4000EP 76 C (d) more than 4000 but not more than 10,000EP 89 C (e) more than 10,000 but not more than 50,000EP 114 C (f) more than 50,000 but not more than 100,000EP 125 C (g) more than 100,000EP 145 C 2 operating a sewage pumping station mentioned in subsection (1)(b) no score (4) In this section— daily peak design capacity, for sewage treatment works, means the higher EP for the works calculated using each of the following formulae— Current as at 1 October 2014 Page 207 Environmental Protection Regulation 2008 Schedule 2 (a) EP = V/200 where— V is the volume, in litres, of the average dry weather flow of sewage that can be treated at the works in a day; (b) EP = M/ 2.5 where— M is the mass, in grams, of phosphorus in the influent that the works are designed to treat as the inlet load in a day. no-release works means sewage treatment works from which neither solid nor liquid contaminants are released to the environment, whether from inside or outside the works. operating, sewage treatment works, includes— (a) collecting gas from the treatment works; and (b) operating a pump station or other works associated with the treatment works.

64 Water treatment (1) Water treatment (the relevant activity) consists of carrying out any of the following activities in a way that allows waste, whether treated or untreated, to be released into the environment— (a) desalinating 0.5ML or more of water in a day; (b) treating 10ML or more of raw water in a day; (c) carrying out advanced treatment of 5ML or more of water in a day. (2) The relevant activity does not include— (a) treating water in a way that allows liquid or solid waste to be released only to the following— (i) a local government’s sewerage infrastructure; (ii) a facility mentioned in section 56, 58, 60 or 61; or Page 208 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2 (b) treating water if the only treatment is disinfection or fluoridation; or (c) treating water in association with carrying out an activity to which section 55, 56, 60, 61 or 63 applies. (3) In the following table, the aggregate environmental score, if any, for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out. Threshold Aggregate 3 environmental score 1 desalinating, in a day, the following quantity of water, allowing the release of waste only to seawater— (a) 0.5ML to 5ML no score (b) more than 5ML 7 2 desalinating, in a day, the following quantity of water, allowing the release of waste to waters other than seawater— (a) 0.5ML to 5ML 8 C (b) more than 5ML 13 C 3 treating 10ML or more raw water in a day 26 C 4 carrying out, in a day, advanced treatment of 5ML or more of water, allowing the release of waste— (a) only to seawater; or 34 C (b) to waters other than seawater 45 C (4) In this section— advanced treatment, of water, means the treatment of water that has been treated in a sewage treatment plant by removing dissolved salts so that the water is potable or suitable for agricultural or industrial use. mixed water means water that has undergone advanced water treatment and has been mixed with raw water. raw water means— (a) water derived— Current as at 1 October 2014 Page 209 Environmental Protection Regulation 2008 Schedule 2 (i) directly from surface water; or (ii) from groundwater; or (b) mixed water. seawater means tidal waters, other than tidal waters between the banks of a river or stream. Page 210 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2A Schedule 2A Aggregate environmental scores for particular resource activities section 14(2) Column 1 Column 2 Environmentally relevant activity Aggregate environmental score (AES) 1 activities under a GHG injection and storage lease under the GHG storage Act 49 2 a petroleum activity authorised under the Petroleum (Submerged Lands) Act 1982 126 3 a petroleum activity that is likely to have a significant impact on a category A or B environmentally sensitive area 126 4 extending an existing pipeline by more than 150km under a petroleum authority 165 5 constructing a new pipeline of more than 150km under a petroleum authority 165 6 a petroleum activity carried out on a site containing a high hazard dam or a significant hazard dam 165 7 a petroleum activity involving injection of a waste fluid into a natural underground reservoir or aquifer 165 8 a petroleum activity or GHG storage activity, other than an activity mentioned in any of items 1 to 7, that includes 1 or more activities mentioned in schedule 2 for which an AES is stated 126 9 a mining activity involving drilling, costeaning, pitting or carrying out geological surveys causing significant disturbance 8 10 investigating the potential development of a mineral resource by large bulk sampling or constructing an exploratory shaft, adit or open pit 17 11 mining bauxite 97 Current as at 1 October 2014 Page 211 Environmental Protection Regulation 2008 Schedule 2A Column 1 Column 2 Environmentally relevant activity Aggregate environmental score (AES) 12 mining mineral sand 120 13 mining black coal 128 14 mining iron ore 128 15 mining nickel ore 160 16 mining gold ore 216 17 mining copper ore 217 18 mining lead, silver or zinc separately or in any combination 185 19 mining metal ore, other than a metal ore mentioned in items 11, 12, 14, 15, 16, 17 or 18 158 20 clay pit mining, dimension stone mining or mining gemstones (including the material from which gemstones are extracted)— (a) if the activity involves mining a quantity of material of at least 5000t but not more than 100,000t in a year 22 (b) if the activity involves mining a quantity of material of more than 100,000t but not more than 1,000,000t in a year 39 (c) if the activity involves mining a quantity of material of more than 1,000,000t in a year 57 21 a mining activity that is an ineligible ERA, other than a mining activity mentioned in items 9 to 20 136 Page 212 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2B Schedule 2B Designated environmental areas—agricultural research facilities section 23 Name Description Applethorpe research station Lot 249 on BNT1800 situated in the County of Bentinck Ayr research station Lot 97 on GS867 situated in the County of Gladstone Bowen research station Lot 112 on HR963, lot 1 on RP715403 and lot 39 on SP113324 situated in the County of Herbert Bribie Island aquaculture Lot 190 on CG805819 and lot 1 on research station SP248827 situated in the County of Canning Bundaberg research station Lot 16 on CK813259 situated in the County of Cook Gatton research station Lot 189 on CC3307 situated in the County of Churchill Glengarry research station Lot 34 on RP91429 situated in the County of Aubigny Hermitage research station Lots 100, 1304, 156 and 159 on ML2001 situated in the County of Merivale J. Bjelke-Petersen research Lot 349 on CP904165 and lot 379 on station FY2924 situated in the County of Fitzroy Kairi research station Lot 1 on SP241295 situated in the County of Nares Current as at 1 October 2014 Page 213 Environmental Protection Regulation 2008 Schedule 2B Name Description Kennlea research station Lot 3 on RP58646 and lot 1 on RP904403 situated in the County of Aubigny Kingsthorpe research station Lot 2 on RP129751 situated in the County of Aubigny Leslie research station Lot 928 on AG2196 situated in the County of Aubigny Maroochy horticultural Lot 676 on CG5055 and lot 941 on research station CG6160 situated in the County of Canning Mary Valley research station Lot 3 on SP186078 situated in the County of March Mutdapilly research station Lot 111 on SP240462 situated in the County of Churchill Redlands research station Lots 31, 32 and 43 on C145614, lots 1, 2 and 3 on C668, lot 6 on C671 and lot 145 on SL11048 situated in the County of Stanley Redvale research station Lot 475 on FY2951 situated in the County of Fitzroy Rosebank research station Lot 218 on SP237183 situated in the County of Portland South Johnstone research Lot 61 on NR6878 situated in the station County of Nares Spyglass Beef research station Lot 4835 on CP858256, lot 1 on OC57, lot 3 on RP841848, lot 4 on SP233424 situated in the County of O’Connell Page 214 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2B Name Description Swans Lagoon research station Lot 7 on GS1064, lot 11 on GS1065, lots 3 and 6 on SP143785 and lot 116 on SP256839 situated in the County of Gladstone Tropical weeds research station Lot 36 on CP889406, lots 208 and 209 and residence on DV583, lot 197 on DV735 and lot 1 on MPH785 situated in the County of Davenport Walkamin research station Lot 568 on N157284 situated in the County of Nares Wellcamp field research station Lot 209 on AG3878 situated in the County of Aubigny Current as at 1 October 2014 Page 215 Environmental Protection Regulation 2008 Schedule 2C Schedule 2C Prescribed conditions for small scale mining activities section 23A Part 1 Definitions for sch 2C In this schedule— dam means a man-made structure or hollow prepared for the retention of aqueous substances used in or produced by the operation of a mining activity. density of cover, of vegetation in a particular area, means— (a) if the plant species are trees or shrubs—the number of trees or shrubs in the area; or (b) if the plant species are understorey species, for example, grasses and forbs—the percentage of surface area covered by a particular species in the area. guidelines for Livestock Drinking Water means the Australian and New Zealand Guidelines for Fresh and Marine Water Quality 2000. water bore means an artesian bore or a sub-artesian bore under the Water Act 2000. Part 2 Conditions for mining claims and exploration permits

1 This part applies to a small scale mining tenure if the mining activity for the tenure is carried out under a mining claim or exploration permit. Page 216 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2C

2 The holder of the small scale mining tenure must rehabilitate all areas disturbed by mining activities on the mining tenure before— (a) the tenure expires; or (b) the tenure is surrendered.

3 For an area that has been mined on the tenure, the holder must finish progressive rehabilitation of the area within 1 year of finishing the mining activity in the area.

4 The holder must carry out and finish rehabilitation works to establish a landform— (a) that is safe, stable and self-sustaining; and (b) with vegetation of a species and density of cover similar to surrounding undisturbed areas or the landform that existed before mining activities.

5 However— (a) section 4 does not apply to infrastructure of the mine that remains on the land under section 6; and (b) the vegetation mentioned in section 4(b) does not include a species declared under the Land Protection (Pest and Stock Route Management) Regulation 2003 as a category class 1 pest, category class 2 pest or category class 3 pest.

6 For infrastructure of the mine that remains on the land after the small scale mining activity stops, the holder must enter into a written agreement with the owner of the land providing for the owner to take over responsibility for the infrastructure. Examples of infrastructure of a mine— a dam or a road

7 If a dam remains on the land after the small scale mining activity stops and is used for livestock drinking supplies, the holder must ensure that— (a) the dam is safe; and Current as at 1 October 2014 Page 217 Environmental Protection Regulation 2008 Schedule 2C (b) its water quality complies with the acceptable water quality Guidelines for Livestock Drinking Water when the agreement with the landowner takes effect; and (c) safe access is provided for livestock and native animals.

8 The holder of a small scale mining tenure, other than a holder mentioned in section 9, must give the administering authority financial assurance of an amount to be calculated under schedule 2D for the holder’s— (a) tenure type; and (b) environmental risk of the activity under the tenure; and (c) the proposed area of disturbance as stated in— (i) the work program for the holder’s current mining claim under the Mineral Resources Act 1989, sections 61(1)(j)(iv) and 81(1)(c); or (ii) the program of work for the holder’s exploration permit under the Mineral Resources Act 1989, section 133(f)(i).

9 Section 10 applies if a holder of a small scale mining tenure— (a) held, on 31 March 2013, an environmental authority for the activity carried out under the tenure; and (b) an amount of financial assurance for the environmental authority is held by the administering authority.

10 The holder must give the administering authority financial assurance of an amount that is equal to the amount held. Note— Under the Act, section 712(2), the amount of financial assurance for an environmental authority held by the administering authority is taken to be the financial assurance required under this condition.

11 The financial assurance must be paid— (a) before the day the relevant activity is carried out under the mining tenure; and (b) as security for— Page 218 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2C (i) compliance with other prescribed conditions for carrying out the small scale mining activity; and (ii) costs or expenses, or likely costs or expenses, mentioned in section 298 of the Act. Part 3 Additional conditions for exploration permits

1 This part applies to a small scale mining tenure if the mining activity for the tenure is carried out under an exploration permit.

2 The holder must rehabilitate drill pads and excavations as soon practicable after sampling is finished, and within 3 months of starting the drilling or excavating.

3 The holder must, within 30 business days of drilling commencing, ensure that any drill hole is— (a) decommissioned; or (b) converted to a water bore.

4 If a drill hole is to be used for ongoing groundwater production or monitoring purposes, the holder must convert the drill hole to a water bore under the Water Act 2000.

5 The holder may only transfer a functional water bore to an owner of land if the holder and the owner enter into a written agreement.

6 Any drill hole or water bore that is not transferred to the owner or the State must be decommissioned by cementing the hole, including the annular space around casing, from top to bottom. Current as at 1 October 2014 Page 219 Environmental Protection Regulation 2008 Schedule 2D Schedule 2D Rates of financial assurance section 23A and schedule 2C Tenure type Mining claim Exploration permit (minerals) Environmental risk Hand Hand mining Machinery Machinery Low risk High of the activity (area mining (not used for used for risk of disturbance (previously previously mining mining with hectares) mined) mined) with no a dam dam $ $ $ $ $ $ 0 to 0.1 200 400 400 3400 2500 5000 more than 0.1 to 400 800 2000 5000 not applicable 0.5 more than 0.5 to 1 1000 2000 4000 7000 more than 1 to 2 2000 4000 8000 11,000 more than 2 to 3 3000 6000 12,000 15,000 more than 3 to 4 4000 8000 16,000 19,000 more than 4 to 5 5000 10,000 20,000 23,000 Page 220 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2E Schedule 2E Trackable waste and waste codes section 81C and schedule 12, part 2, definition waste code Explanatory notes to sch 2E

1 A substance is trackable waste if it is regulated waste of a type mentioned in this schedule.

2 If a substance falls under more than 1 item in this list, and the code for one of the items is marked with an asterisk, the code for the substance is the code marked with an asterisk. Type of waste Waste code acidic solutions and acids in solid form. . . . . . . . . . . . . . . . . B100 animal effluent and residues, including abattoir effluent and poultry and fish processing wastes . . . . . . . . . . . . . . . . . . . . K100 antimony and antimony compounds . . . . . . . . . . . . . . . . . . . D170 arsenic and arsenic compounds . . . . . . . . . . . . . . . . . . . . . . . D130 asbestos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N220 barium compounds, other than barium sulphate . . . . . . . . . . D290 basic (alkaline) solutions and bases (alkalis) in solid form . . C100 beryllium and beryllium compounds . . . . . . . . . . . . . . . . . . . D160 boron compounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D310 cadmium and cadmium compounds . . . . . . . . . . . . . . . . . . . D150 chemical waste arising from a research and development or teaching activity, including new or unidentified material and material whose effects on human health or the environment are not known . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . T100 Current as at 1 October 2014 Page 221 Environmental Protection Regulation 2008 Schedule 2E Type of waste Waste code chlorates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D350 chromium compounds (hexavalent and trivalent) . . . . . . . . . D140 clinical and related waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . R100* copper compounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D190 cyanides (inorganic). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A130 cyanides (organic) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M210 encapsulated, chemically fixed, solidified or polymerised wastes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N160* ethers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G100 filter cake, other than filter cake waste generated from the N190 treatment of raw water for the supply of drinking water . . . . fire debris and fire washwaters . . . . . . . . . . . . . . . . . . . . . . . N140* fly ash. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N150 grease trap waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K110 halogenated organic solvents . . . . . . . . . . . . . . . . . . . . . . . . . G150 highly odorous organic chemicals, including mercaptans and acrylates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M260 inorganic fluorine compounds, other than calcium fluoride . D110 inorganic sulfides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D330 isocyanate compounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M220 liquid food processing waste . . . . . . . . . . . . . . . . . . . . . . . . . K200 lead and lead compounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . D220 material containing polychlorinated biphenyls (PCBs), polychlorinated napthalenes (PCNs), polychlorinated terphenyls (PCTs) or polybrominated biphenyls (PBBs) . . . M100 Page 222 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2E Type of waste Waste code mercury and mercury compounds . . . . . . . . . . . . . . . . . . . . . D120 metal carbonyls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D100 mineral oils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J100 nickel compounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D210 non-toxic salts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D300 oil and water mixtures or emulsions, or hydrocarbons and water mixtures or emulsions . . . . . . . . . . . . . . . . . . . . . . . . . J120 organic phosphorous compounds . . . . . . . . . . . . . . . . . . . . . H110 organic solvents, other than halogenated solvents. . . . . . . . . G110 organohalogen compounds, other than another substance stated in this schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M160 perchlorates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D340 pharmaceuticals, drugs and medicines . . . . . . . . . . . . . . . . . R120* phenols and phenol compounds, including chlorophenols . . M150 phosphorus compounds, other than mineral phosphates . . . . D360 polychlorinated dibenzo-furan (any congener) . . . . . . . . . . . M170 polychlorinated dibenzo-p-dioxin (any congener). . . . . . . . . M180 residues from industrial waste treatment or disposal operations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N205 selenium and selenium compounds . . . . . . . . . . . . . . . . . . . . D240 sewage sludge and residues, including nightsoil and septic tank sludge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K130 surface active agents (surfactants) containing principally organic constituents, whether or not also containing metals and other inorganic materials. . . . . . . . . . . . . . . . . . . . . . . . . M250 Current as at 1 October 2014 Page 223 Environmental Protection Regulation 2008 Schedule 2E Type of waste Waste code tannery wastes, including leather dust, ash, sludges and flours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K140 tarry residues arising from refining, distillation or any pyrolytic treatment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J160 tellurium and tellurium compounds. . . . . . . . . . . . . . . . . . . . D250 thallium and thallium compounds . . . . . . . . . . . . . . . . . . . . . D180 triethylamine catalysts for setting foundry sands . . . . . . . . . M230 tyres . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . T140 vanadium compounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D270 waste containing peroxides other than hydrogen peroxide . . E100 waste from a heat treatment or tempering operation that uses cyanides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A110 waste from surface treatment of metals or plastics . . . . . . . . A100 waste from the manufacture, formulation or use of— • biocides or phytopharmaceuticals . . . . . . . . . . . . . H100 • inks, dyes, pigments, paints, lacquers or varnish . F100 • organic solvents. . . . . . . . . . . . . . . . . . . . . . . . . . . G160 • photographic chemicals or processing materials. . T120 • resins, latex, plasticisers, glues or other adhesives F110 • wood-preserving chemicals. . . . . . . . . . . . . . . . . . H170 waste from the manufacture or preparation of pharmaceutical products . . . . . . . . . . . . . . . . . . . . . . . . . . . . R140 waste of an explosive nature, other than an explosive within the meaning of the Explosives Act 1999 . . . . . . . . . . . . . . . . E120 Page 224 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2E Type of waste Waste code wool-scouring wastes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K190 zinc compounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D230 Current as at 1 October 2014 Page 225 Environmental Protection Regulation 2008 Schedule 2F Schedule 2F Prescribed information for waste tracking section 81E

1 Generator (1) This section states the prescribed information for sections 81I and 81R. (2) The generator must give the following information to the transporter— (a) the generator’s— (i) name, address, local government area and contact details; or (ii) generator identification number; (b) if the generator is a business—the generator’s ABN; (c) the name, address and contact details of the person to whom the waste is to be transported; (d) the day the generator gives the waste to the transporter for transporting; (e) the unique identifier for the transportation of the load of waste; (f) for a load of waste transported to a receiver outside Queensland—the consignment number for the load; (g) if the waste is dangerous goods—the type and number of containers in which the waste is contained; (h) the following details of the waste— (i) the type of waste; (ii) the amount of the waste, expressed as a stated number of kilograms or litres; (iii) its physical nature (solid, liquid, paste or gas); (iv) the waste code of the waste; Page 226 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2F (v) if the waste is dangerous goods— (A) its UN number; and (B) its packing group designator; and (C) its dangerous goods class and any subsidiary risk. (3) The generator must record, and must give to the administering authority, the following information— (a) the information mentioned in subsection (2); (b) the transporter’s name, address and contact details; (c) the transporter’s environmental authority number; (d) if the vehicle used to transport the waste is a motor vehicle—the vehicle’s registration number.

2 Transporter (1) This section states the prescribed information for sections 81J and 81N. (2) The transporter must give the following information to the receiver— (a) the information mentioned in section 1(2) received from the generator; (b) for a load of waste transported from a generator outside Queensland—the consignment number for the load; (c) the transporter’s name, address and contact details; (d) the transporter’s environmental authority number; (e) if the vehicle used to transport the waste is a motor vehicle—the vehicle’s registration number; (f) any jurisdiction, other than Queensland, in which the waste has been transported; (g) the day and time the transporter gives the waste to the receiver. (3) The transporter must record the following information— Current as at 1 October 2014 Page 227 Environmental Protection Regulation 2008 Schedule 2F (a) the information mentioned in subsection (2); (b) the receiver’s name, address and contact details; (c) the receiver’s environmental authority number.

3 Receiver (1) This section states the prescribed information for sections 81K and 81O. (2) The receiver must record the following information— (a) the information mentioned in section 2(2) received from the transporter; (b) the amount of waste received, expressed as a stated number of kilograms or litres; (c) whether the waste is received for recycling, conversion to energy, another type of treatment, storage or disposal; (d) the disposal or treatment code for the way of disposing of or treating the waste. (3) The receiver must give the following information to the administering authority— (a) the information mentioned in subsection (2); (b) the receiver’s name, address and contact details; (c) the receiver’s environmental authority number. Page 228 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2G Schedule 2G National environment protection (movement of controlled waste between States and Territories) measure, schedule A, list 2 schedule 12, part 2, definition environmentally significant characteristic Schedule A List 2: Characteristics of controlled wastes Dangerous UN Code Goods Class (UN Class)

1 H1 Explosive An explosive substance or waste is a solid or liquid substance or waste (or mixture of substances or wastes) which is in itself capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings. Current as at 1 October 2014 Page 229 Environmental Protection Regulation 2008 Schedule 2G Dangerous UN Code Goods Class (UN Class)

3 H3 Flammable Liquids The word flammable has the same meaning as inflammable. Flammable liquids are liquids, or mixtures of liquids, or liquids containing solids in solution or suspension (for example, paints, varnishes, lacquers, etc., but not including substances or wastes otherwise classified on account of their dangerous characteristics) which give off flammable vapour at temperatures of not more than 60.5 degrees Celsius, closed-cup test, or not more than 65.6 degrees Celsius, open-cup test. (Since the results of open-cup tests and of closed-cup tests are not strictly comparable and even individual results by the same test are often variable, regulations varying from the above figures to make allowances for such differences would be within the spirit of the definition.) 4.1 H4.1 Flammable solids Solids or waste solids, other than those classified as explosives, which under conditions encountered in transport are readily combustible, or may cause or contribute to fire through friction. 4.2 H4.2 Substances or wastes liable to spontaneous combustion Substances or wastes which are liable to spontaneous heating under normal conditions encountered in transport, or to heating up in contact with air, and being then liable to catch fire. Page 230 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2G Dangerous UN Code Goods Class (UN Class) 4.3 H4.3 Substances or wastes which, in contact with water, emit flammable gases Substances or wastes which, by interaction with water, are liable to become spontaneously flammable or to give off flammable gases in dangerous quantities. 5.1 H5.1 Oxidising Substances or wastes which, while in themselves not necessarily combustible, may, generally by yielding oxygen, cause or contribute to, the combustion of other materials. 5.2 H5.2 Organic peroxides Organic substances or wastes which contain the bivalent-O-structure are thermally unstable substances which may undergo exothermic self-accelerating decomposition. 6.1 H6.1 Poisonous (acute) Substances or wastes liable either to cause death or serious injury or to harm human health if swallowed or inhaled or by skin contact. 6.2 H6.2 Infectious substances Substances or wastes containing viable micro-organisms or their toxins which are known or suspected to cause disease in animals or humans.

8 H8 Corrosives Substances or wastes which, by chemical action, will cause severe damage when in contact with living tissue, or in the case of leakage, will materially damage, or even destroy, other goods or the means of transport; they may also cause other hazards. Current as at 1 October 2014 Page 231 Environmental Protection Regulation 2008 Schedule 2G Dangerous UN Code Goods Class (UN Class)

9 H10 Liberation of toxic gases in contact with air or water Substances or wastes which, by liberation with air or water, are liable to give off toxic gases in dangerous quantities.

9 H11 Toxic (delayed or chronic) Substances or wastes which, if they are inhaled or ingested or if they penetrate the skin, may involve delayed or chronic effects, including carcinogenicity.

9 H12 Ecotoxic Substances or wastes which if released present or may present immediate or delayed adverse impacts to the environment by means of bioaccumulation and/or toxic effects upon biotic systems.

9 H13 Capable of yielding another material which possesses H1-H12 Capable by any means, after disposal, of yielding another material, e.g., leachate, which possesses any of the characteristics listed above. Other Reasons Potential to have a significant adverse impact on ambient air quality. Potential to have a significant adverse impact on ambient marine, estuarine or freshwater quality. Note— UN Class and Code relates to the hazard classification system included in the United Nations Recommendations on the Transport of Dangerous Goods as used in Australia. Page 232 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2H Schedule 2H Disposal and treatment codes for waste tracking schedule 12, part 2, definitions disposal code and treatment code Part 1 Disposal codes The following ways of dealing with waste do not include resource recovery, recycling, reclamation, direct re-use or an alternative use of the waste. Disposal code disposal to a landfill. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D1 land farming. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D2 surface impoundment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . D4 biological treatment in a way not otherwise mentioned in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D8 immobilisation or solidification. . . . . . . . . . . . . . . . . . . . . D9A physico/chemical treatment other than immobilisation or solidification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D9B incineration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D10 permanent storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D12 blending or mixing before disposal in another way mentioned in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . D13 Current as at 1 October 2014 Page 233 Environmental Protection Regulation 2008 Schedule 2H Disposal code repackaging before disposal in another way mentioned in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D14 storage before disposal in another way mentioned in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D15 Part 2 Treatment codes The following ways of dealing with waste may include resource recovery, recycling, reclamation, direct re-use or an alternative use of the waste. Treatment code using waste as a fuel, other than by direct incineration. R1 recycling or reclaiming a substance, other than a substance mentioned in items R6 to R8, if it is— • an organic substance used as a solvent . . . . . . . R2 • an organic substance not used as a solvent . . . . R3 • a metal or metal compound other than a drum . R4 • an inorganic substance other than a metal or metal compound . . . . . . . . . . . . . . . . . . . . . . . . R5 recycling or reclaiming— • an acid or base. . . . . . . . . . . . . . . . . . . . . . . . . . R6 • a component used for pollution abatement . . . . R7 • a component from a catalyst . . . . . . . . . . . . . . . R8 refining used oil or otherwise using previously used oil R9 Page 234 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 2H Treatment code using a residual trackable waste obtained from treatment in another way mentioned in this part . . . . . . R11 storage before treatment in another way mentioned in this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R13 recycling, reconditioning or laundering of drums . . . . . R14 Current as at 1 October 2014 Page 235 Environmental Protection Regulation 2008 Schedule 3 Schedule 3 Continued codes of environmental compliance—Act, s 707A section 170 Part 1 Codes of environmental compliance for, or for aspects of, chapter 4 activities

1 Code of environmental compliance for certain aspects of regulated waste transport—Version 4

2 Code of environmental compliance for certain aspects of sewage treatment activities (ERA 63)—Version 1 Part 2 Codes of environmental compliance for mining activities

3 Code of Environmental Compliance for Exploration and Mineral Development Projects

4 Code of Environmental Compliance for Mining Claims and Prospecting Permits

5 Code of Environmental Compliance for Mining Lease Projects Page 236 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 3A Schedule 3A Prescribed eligibility criteria for mining activities section 25

1 Eligibility criteria for all mining activities The following eligibility criteria are prescribed for each mining activity that is authorised, or is to be authorised, under an environmental authority for a mining activity— (a) the mining activity does not, or will not, at any one time, cause more than 10ha of land to be significantly disturbed; (b) the mining activity is not, or will not be, carried out in a category A environmentally sensitive area or a category B environmentally sensitive area; (c) the mining activity is not, or will not be, carried out under an environmental authority under which either of the following is, or is to be, authorised— (i) an environmentally relevant activity to which a section of schedule 2 applies and for which there is an aggregate environmental score; (ii) a resource activity, other than a mining activity, that is an ineligible ERA; (d) the mining activity is not, or will not be, carried out in a strategic environmental area, unless— (i) the mining activity is authorised under an environmental authority for a mining activity relating to a mining claim, an environmental authority for a mining activity relating to an exploration permit or an environmental authority for a mining activity relating to a mineral development licence; or (ii) the mining activity involves alluvial mining and is, or will be, carried out at a place that is not in a Current as at 1 October 2014 Page 237 Environmental Protection Regulation 2008 Schedule 3A designated precinct in a strategic environmental area; or (iii) the mining activity involves clay pit mining, dimension stone mining, hard rock mining, opal mining or shallow pit mining and is, or will be, carried out at a place that is not in a designated precinct in a strategic environmental area.

2 Eligibility criteria for a mining activity other than a mining activity relating to a mining lease In addition to the eligibility criteria mentioned in section 1, the following eligibility criteria are prescribed for each mining activity that is authorised, or is to be authorised, under an environmental authority for a mining activity, other than a mining activity relating to a mining lease— (a) the mining activity does not, or will not, at any one time, cause more than 5000m2 of land to be disturbed at a campsite; (b) no more than 20m3 of any substance is, or will be, extracted from each kilometre of a riverine area affected by the mining activity in a year.

3 Eligibility criteria for mining activities relating to a mining lease (1) In addition to the eligibility criteria mentioned in section 1, the following eligibility criteria are prescribed for each mining activity that is authorised, or is to be authorised, under an environmental authority for a mining activity relating to a mining lease— (a) the mining activity does not, or will not, at any one time, cause more than 5ha of either of the following to be significantly disturbed— (i) a riverine area; (ii) mine workings; Page 238 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 3A (b) the mining activity is not, or will not, be carried out by more than 20 persons at any one time; (c) only the following types of mining are, or will be, authorised under the relevant mining lease— (i) alluvial mining; (ii) clay pit mining; (iii) dimension stone mining; (iv) hard rock mining; (v) opal mining; (vi) shallow pit mining. (2) In this section— mine workings means an area from which ore or overburden has been extracted, or on which waste rock is stored, that is not— (a) substantially rehabilitated to the satisfaction of the administering authority; or (b) used for constructing a camp site, road, plant, tailings dam, water storage dam or other infrastructure. Current as at 1 October 2014 Page 239 Environmental Protection Regulation 2008 Schedule 3B Schedule 3B Approved eligibility criteria for environmentally relevant activities section 24B Eligibility criteria and standard conditions—Geothermal exploration activities Eligibility criteria and standard conditions—Petroleum exploration activities Eligibility criteria and standard conditions—Petroleum pipeline activities Eligibility criteria and standard conditions—Petroleum survey activities Eligibility criteria and standard conditions for cattle feedlotting (ERA 2) Eligibility criteria and standard conditions for sheep feedlotting (ERA 2) Eligibility criteria and standard conditions for pig keeping (ERA 3) Eligibility criteria and standard conditions for poultry farming (ERA 4) Eligibility criteria and standard conditions for chemical manufacturing (water based paint) (ERA 7) Eligibility criteria and standard conditions for chemical manufacturing (soap, surfactants or cleaning or toiletry products) (ERA 7) Eligibility criteria and standard conditions for retreading tyres (ERA 13) Eligibility criteria and standard conditions for extracting material (ERA 16) Eligibility criteria and standard conditions for screening (5000 tonnes to 100,000 tonnes of material in a year) (ERA 16) Page 240 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 3B Eligibility criteria and standard conditions for screening (more than 100,000 tonnes but not more than 1 million tonnes of material in a year) (ERA 16) Eligibility criteria and standard conditions for screening (more than 1 million tonnes of material in a year) (ERA 16) Eligibility criteria and standard conditions for bottling or canning food (ERA 23) Eligibility criteria and standard conditions for meat processing (not including rendering) (ERA 25) Eligibility criteria and standard conditions for meat processing (including rendering) (ERA 25) Eligibility criteria and standard conditions for milk processing (ERA 26) Eligibility criteria and standard conditions for metal foundry (ERA 29) Eligibility criteria and standard conditions for surface coating (ERA 38) Eligibility criteria and standard conditions for tyre recycling (ERA 59) Eligibility criteria and standard conditions for sewage treatment works (ERA 63) Current as at 1 October 2014 Page 241 Environmental Protection Regulation 2008 Schedule 4 Schedule 4 Scheduled areas section 15

1 Aurukun shire

2 Balonne shire

3 Barcaldine region

4 Barcoo shire

5 Blackall Tambo region

6 Boulia shire

7 Bulloo shire

8 Burke shire

9 Carpentaria shire

10 Cherbourg shire

11 Cloncurry shire

12 Cook shire

13 Croydon shire

15 Diamantina shire

16 Doomadgee shire

17 Etheridge shire

18 Flinders shire

19 Goondiwindi region

20 Hope Vale shire

21 Kowanyama shire

22 Lockhart River shire

23 Longreach region

24 Mapoon shire

24A Maranoa region Page 242 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 4

25 McKinlay shire

26 Mornington shire

27 Mount Isa city

28 Murweh shire

29 Napranum shire

30 North Burnett region

31 Northern Peninsula Area region

32 Paroo shire

33 Pormpuraaw shire

34 Quilpie shire

35 Richmond shire

37 Torres shire

38 Torres Strait Island region

38A Western Downs region

39 Winton shire

40 Woorabinda shire

41 Wujal Wujal shire

42 Yarrabah shire 43 the part of the local government area of Banana Shire Council that was, immediately before 15 March 2008, the part of the local government area of Taroom Shire Council 44 the part of the local government area of Bundaberg Regional Council that was, immediately before 15 March 2008, the local government area of Kolan Shire Council 45 the parts of the local government area of Central Highlands Regional Council that were, immediately before 15 March 2008, the local government areas of Bauhinia Shire Council and Peak Downs Shire Council 46 the part of the local government area of Charters Regional Council that was, immediately before 15 March 2008, the local government area of Dalrymple Shire Council Current as at 1 October 2014 Page 243 Environmental Protection Regulation 2008 Schedule 4 47 the parts of the local government area of Fraser Coast Regional Council that were, immediately before 15 March 2008, the local government area of Woocoo Shire Council and part of the local government area of Tiaro Shire Council 48 the parts of the local government area of Gympie Regional Council that were, immediately before 15 March 2008, the local government area of Kilkivan Shire Council and part of the local government area of Tiaro Shire Council 49 the part of the local government area of Isaac Regional Council that was, immediately before 15 March 2008, the local government area of Nebo Shire Council 50 the part of the local government area of Rockhampton Regional Council that was, immediately before 15 March 2008, the local government area of Mount Morgan Shire Council 51 the part of the local government area of Somerset Regional Council that was, immediately before 15 March 2008, the local government area of Kilcoy Shire Council 52 the parts of the local government area of South Burnett Regional Council that were, immediately before 15 March 2008, the local government areas of Murgon Shire Council and Wondai Shire Council 53 the parts of the local government area of Toowoomba Regional Council that were, immediately before 15 March 2008, the local government areas of Cambooya Shire Council, Clifton Shire Council, Millmerran Shire Council and Pittsworth Shire Council Page 244 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 5 Schedule 5 Environmental objective assessment section 51(1)(a) Part 1 Preliminary

1 Definitions for sch 5 In this schedule— application means an application for which an environmental objective assessment must be carried out. contingency measures means measures planned and implemented to minimise the risk to the environment of releases of emissions into the environment during periods when an activity may not be operating under normal conditions. existing flow regime, for water or a watercourse or wetland, means the flow regime for water or a watercourse or wetland existing prior to any discharge of water or contaminants into water or a watercourse or wetland caused from the carrying out of an activity. fugitive emissions means emissions that are not captured by a collection system or vent system. performance outcome means a performance outcome mentioned in table 1 or 2. regulated structure means a structure that is assessed as being a regulated structure under the ‘Manual for Assessing Hazard Categories and Hydraulic Performance of Dams’ published by the department. shut down and start up emissions means emissions released into the environment during the commencement and completion of a process, including a temporary suspension of an operation. Current as at 1 October 2014 Page 245 Environmental Protection Regulation 2008 Schedule 5 stable, for a site, means the rehabilitation and restoration of the site is enduring or permanent so that the site is unlikely to collapse, erode or subside. Part 2 General matters to be addressed by environmental objective assessment General information (1) The assessor must decide the extent to which the application achieves each environmental objective relevant to the application. (2) In assessing whether the application achieves the relevant environmental objective, the assessor must decide whether the activity the subject of the application achieves item 1 of the performance outcome stated for the environmental objective. (3) If the assessor is not satisfied the activity the subject of the application achieves item 1 of the performance outcome for the relevant environmental objective, the assessor must decide whether the activity achieves the relevant item 2 performance outcomes stated for the environmental objective. (4) The application achieves the relevant environmental objective if the assessor is satisfied the activity the subject of the application achieves— (a) item 1 of the performance outcome for the relevant environmental objective; or (b) item 2 of the performance outcomes for the relevant environmental objective. (5) If the assessor is not satisfied the application achieves a performance outcome for the relevant environmental objective, the assessor may still decide the application achieves the relevant environmental objective if the application includes alternative measures for the activity the Page 246 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 5 subject of the application to achieve the environmental objective. Note— Nothing in this schedule prevents the assessor from granting an application that the assessor considers does not satisfy each environmental objective mentioned in this schedule or prevents the assessor from refusing to grant an application the assessor is satisfied achieves each environmental objective mentioned in this schedule. Assessing whether application minimised adverse effects (6) If a performance outcome requires the assessor to assess whether an adverse effect has been minimised, an adverse effect has been minimised if the assessor is satisfied all reasonable and practical measures have been taken to minimise the adverse effect. (7) In deciding whether all reasonable and practical measures have been taken to minimise the adverse effect, the assessor must consider the following matters— (a) the nature of the harm or potential harm; (b) the sensitivity of the receiving environment; (c) the current state of technical knowledge for the activity; (d) the likelihood of successful application of different measures that might be taken to minimise the adverse effects; (e) the financial implications of the different measures as they would relate to the type of activity; (f) if the adverse effect is caused by the location of the activity being carried out, whether it is feasible to carry out the activity at another location. Current as at 1 October 2014 Page 247 Environmental Protection Regulation 2008 Schedule 5 Part 3 Environmental objectives and performance outcomes Table 1 Operational assessment Air Environmental Objective The activity will be operated in a way that protects the environmental values of air. Performance Outcomes

1 There is no discharge to air of contaminants that may cause an adverse effect on the environment from the operation of the activity.

2 All of the following— (a) fugitive emissions of contaminants from storage, handling and processing of materials and transporting materials within the site are prevented or minimised; (b) contingency measures will prevent or minimise adverse effects on the environment from unplanned emissions and shut down and start up emissions of contaminants to air; (c) releases of contaminants to the atmosphere for dispersion will be managed to prevent or minimise adverse effects on environmental values. Water Environmental Objective The activity will be operated in a way that protects environmental values of waters. Performance Outcomes

1 There is no actual or potential discharge to waters of contaminants that may cause an adverse effect on an environmental value from the operation of the activity. Page 248 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 5

2 All of the following— (a) the storage and handling of contaminants will include effective means of secondary containment to prevent or minimise releases to the environment from spillage or leaks; (b) contingency measures will prevent or minimise adverse effects on the environment due to unplanned releases or discharges of contaminants to water; (c) the activity will be managed so that stormwater contaminated by the activity that may cause an adverse effect on an environmental value will not leave the site without prior treatment; (d) the disturbance of any acid sulfate soil, or potential acid sulfate soil, will be managed to prevent or minimise adverse effects on environmental values; (e) acid producing rock will be managed to ensure that the production and release of acidic waste is prevented or minimised, including impacts during operation and after the environmental authority has been surrendered; (f) any discharge to water or a watercourse or wetland will be managed so that there will be no adverse effects due to the altering of existing flow regimes for water or a watercourse or wetland; (g) for a petroleum activity, the activity will be managed in a way that is consistent with the coal seam gas water management policy, including the prioritisation hierarchy for managing and using coal seam gas water and the prioritisation hierarchy for managing saline waste; (h) the activity will be managed so that adverse effects on environmental values are prevented or minimised. Wetlands Environmental Objective The activity will be operated in a way that protects the environmental values of wetlands. Performance Outcomes

1 There will be no potential or actual adverse effect on a wetland as part of carrying out the activity. Current as at 1 October 2014 Page 249 Environmental Protection Regulation 2008 Schedule 5

2 The activity will be managed in a way that prevents or minimises adverse effects on wetlands. Groundwater Environmental Objective The activity will be operated in a way that protects the environmental values of groundwater and any associated surface ecological systems. Performance Outcomes

1 Both of the following apply— (a) there will be no direct or indirect release of contaminants to groundwater from the operation of the activity; (b) there will be no actual or potential adverse effect on groundwater from the operation of the activity.

2 The activity will be managed to prevent or minimise adverse effects on groundwater or any associated surface ecological systems. Note— Some activities involving direct releases to groundwater are prohibited under section 63 of this regulation. Noise Environmental Objective The activity will be operated in a way that protects the environmental values of the acoustic environment. Performance Outcomes

1 Sound from the activity is not audible at a sensitive receptor.

2 The release of sound to the environment from the activity is managed so that adverse effects on environmental values including health and wellbeing and sensitive ecosystems are prevented or minimised. Waste Environmental Objective Any waste generated, transported, or received as part of carrying out the activity is managed in a way that protects all environmental values. Page 250 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 5 Performance Outcomes

1 Both of the following apply— (a) waste generated, transported or received is managed in accordance with the waste and resource management hierarchy in the Waste Reduction and Recycling Act 2011; (b) if waste is disposed of, it is disposed of in a way that prevents or minimises adverse effects on environmental values. Land Environmental Objective The activity is operated in a way that protects the environmental values of land including soils, subsoils, landforms and associated flora and fauna. Performance Outcomes

1 There is no actual or potential disturbance or adverse effect to the environmental values of land as part of carrying out the activity.

2 All of the following— (a) activities that disturb land, soils, subsoils, landforms and associated flora and fauna will be managed in a way that prevents or minimises adverse effects on the environmental values of land; (b) areas disturbed will be rehabilitated or restored to achieve sites that are— (i) safe to humans and wildlife; and (ii) non-polluting; and (iii) stable; and (iv) able to sustain an appropriate land use after rehabilitation or restoration; (c) the activity will be managed to prevent or minimise adverse effects on the environmental values of land due to unplanned releases or discharges, including spills and leaks of contaminants; (d) the application of water or waste to the land is sustainable and is managed to prevent or minimise adverse effects on the composition or structure of soils and subsoils. Current as at 1 October 2014 Page 251 Environmental Protection Regulation 2008 Schedule 5 Table 2 Land use assessment Site Suitability Environmental Objective The choice of the site, at which the activity is to be carried out, minimises serious environmental harm on areas of high conservation value and special significance and sensitive land uses at adjacent places. Performance Outcomes

1 Both of the following apply— (a) areas of high conservation value and special significance likely to be affected by the proposal are identified and evaluated and any adverse effects on the areas are minimised, including any edge effects on the areas; (b) the activity does not have an adverse effect beyond the site.

2 Both of the following apply— (a) areas of high conservation value and special significance likely to be affected by the proposal are identified and evaluated and any adverse effects on the areas are minimised, including any edge effects on the areas; (b) critical design requirements will prevent emissions having an irreversible or widespread impact on adjacent areas. Location on Site Environmental Objective The location for the activity on a site protects all environmental values relevant to adjacent sensitive uses. Performance Outcomes

1 The location for the activity means there will be no adverse effect on any environmental values.

2 Both of the following apply— (a) the activity, and components of the activity, are carried out on the site in a way that prevents or minimises adverse effects on the use of surrounding land and allows for effective management of the environmental impacts of the activity; Page 252 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 5 (b) areas used for storing environmentally hazardous materials in bulk are located taking into consideration the likelihood of flooding. Critical Design Requirements Environmental Objective The design of the facility permits the operation of the site, at which the activity is to be carried out, in accordance with best practice environmental management. Performance Outcomes

1 The activity does not involve the storage, production, treatment or release of hazardous contaminants, or involve a regulated structure.

2 All of the following apply— (a) all storage provided for hazardous contaminants includes secondary containment to prevent or minimise releases to the environment from spillage or leaks; (b) regulated structures comply with the ‘Manual for Assessing Hazard Categories and Hydraulic Performance of Dams’ published by the department; (c) provide containers for the storage of hazardous contaminants that are secured to prevent the removal of the containers from the site by a flood event; (d) the design of the facility prevents or minimises the production of hazardous contaminants and waste; (e) if the production of hazardous contaminants and waste is not prevented or minimised under paragraph (d)—the design of the facility contains and treats hazardous contaminants rather than releasing them. Current as at 1 October 2014 Page 253 Environmental Protection Regulation 2008 Schedule 7 Schedule 7 Regulated waste and waste that is not regulated waste section 65 Part 1 Regulated waste 1 acidic solutions and acids in solid form 2 animal effluent and residues, including abattoir effluent and poultry and fish processing wastes 3 antimony and antimony compounds 4 arsenic and arsenic compounds 5 asbestos 6 barium compounds, other than barium sulfate 7 basic (alkaline) solutions and bases (alkalis) in solid form 8 beryllium and beryllium compounds 9 boron compounds 10 cadmium and cadmium compounds 11 chemical waste arising from a research and development or teaching activity, including new or unidentified material and material whose effects on human health or the environment are not known 12 chlorates 13 chromium compounds (hexavalent and trivalent) 14 clinical and related waste 15 containers contaminated with a regulated waste 16 copper compounds 17 cyanides (inorganic) Page 254 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 7 18 cyanides (organic) 19 encapsulated, chemically-fixed, solidified or polymerised wastes 20 ethers 21 filter cake, other than filter cake waste generated from the treatment of raw water for the supply of drinking water 22 fly ash 23 food processing waste 24 grease trap waste 25 halogenated organic solvents 26 highly odorous organic chemicals, including mercaptans and acrylates 27 hydrocarbons and water mixtures or emulsions, including oil and water mixtures or emulsions 28 inorganic fluorine compounds, other than calcium fluoride 29 inorganic sulfides 30 isocyanate compounds 31 lead and lead compounds including lead-acid batteries 32 material containing polychlorinated biphenyls (PCBs), polychlorinated napthalenes (PCNs), polychlorinated terphenyls (PCTs) or polybrominated biphenyls (PBBs) 33 mercury and mercury compounds 34 metal carbonyls 35 mineral oils 36 nickel compounds 37 non-toxic salts including, for example, saline effluent 38 organic phosphorous compounds 39 organic solvents, other than halogenated solvents, including, for example, ethanol 40 organohalogen compounds, other than another substance stated in this schedule Current as at 1 October 2014 Page 255 Environmental Protection Regulation 2008 Schedule 7 41 oxidising agents 42 perchlorates 43 pesticides, including organochlorine 44 pharmaceuticals, drugs and medicines 45 phenols and phenol compounds, including chlorophenols 46 phosphorus compounds, other than mineral phosphates 47 polychlorinated dibenzo-furan (any congener) 48 polychlorinated dibenzo-p-dioxin (any congener) 49 reactive chemicals 50 reducing agents 51 residues from industrial waste treatment or disposal operations 52 selenium and selenium compounds 53 sewage sludge and residues, including nightsoil and septic tank sludge 54 surface active agents (surfactants) containing principally organic constituents, whether or not also containing metals and other inorganic materials 55 tallow 56 tannery wastes, including leather dust, ash, sludges and flours 57 tarry residues arising from refining, distillation or any pyrolytic treatment 58 tellurium and tellurium compounds 59 thallium and thallium compounds 60 triethylamine catalysts for setting foundry sands 61 tyres 62 vanadium compounds 63 vegetable oils 64 waste containing peroxides other than hydrogen peroxide Page 256 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 7 65 waste from a heat treatment or tempering operation that uses cyanides 66 waste from surface treatment of metals or plastics 67 waste from the manufacture, formulation or use of the following— • biocides or phytopharmaceuticals • inks, dyes, pigments, paints, lacquers or varnish • organic solvents • photographic chemicals or processing materials • resins, latex, plasticisers, glues or other adhesives • wood-preserving chemicals 68 waste from the manufacture or preparation of pharmaceutical products 69 waste of an explosive nature, other than an explosive within the meaning of the Explosives Act 1999 70 wool scouring wastes 71 zinc compounds Part 2 Waste that is not regulated waste under section 65(3) 1 intact or partly disassembled televisions 2 intact or partly disassembled electronic equipment designed to be used with a television, including video players, DVD players, games units and set-top boxes 3 intact or partly disassembled computers, including desktop computers, notebook computers, laptop computers and tablets 4 intact or partly disassembled equipment designed to be used with computers, including keyboards, mouses, hard drives, scanners, printers, multi-function devices, speakers and web cameras Current as at 1 October 2014 Page 257 Environmental Protection Regulation 2008 Schedule 7 5 intact or partly disassembled internal computer components, including network or graphics cards, motherboards and DVD drives 6 mobile phones and mobile phone accessories, including chargers 7 batteries typically used in small electronic devices or handheld devices such as mobile phones, digital cameras, keyboards, toys and torches 8 whitegoods 9 residue produced by the process of recycling treated timber products, for example power poles and bridge timbers, containing amounts of treatment chemicals 10 groundwater or treated groundwater necessarily or unavoidably brought to the surface of the earth as part of an industrial process, if the groundwater— (a) has a pH of at least 6 but not more than 10.5; and (b) has an electrical conductivity of less than 15,000 micro-siemens a centimetre 11 waste architectural and decorative paints collected, stored and transported in accordance with a product stewardship, unless the paint— • is a bagged render • is texture coating • contains isocyanates • is paint stripper • is an industrial paint • is anti-fouling paint 12 containers of waste architectural and decorative paints mentioned in item 11 that are collected, stored and transported in accordance with a product stewardship, unless the paint is in a spray pack Page 258 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 8 Schedule 8 Prescribed organisations section 115A Australasian Radiation Protection Society Australian Institute of Agricultural Science and Technology Australian Institute of Geoscientists Australian Society of Soil Science Engineers Australia Environmental Health Australia Environment Institute of Australia and New Zealand Institute of Explosives Engineers Institution of Chemical Engineers Australia Institution of Engineering and Mining Surveyors Australia Planning Institute of Australia South Pacific Environmental Radioactivity Association The Australasian Institute of Mining and Metallurgy The Institution of Surveyors Australia The Royal Australian Chemical Institute Current as at 1 October 2014 Page 259 Environmental Protection Regulation 2008 Schedule 8A Schedule 8A Other local governments section 101(2), definition prescribed local government Balonne Shire Council Barcaldine Regional Council Barcoo Shire Council Bulloo Shire Council Carpentaria Shire Council Central Highlands Regional Council Charters Towers Regional Council Cook Shire Council Croydon Shire Council Diamantina Shire Council Gympie Regional Council Hinchinbrook Shire Council Lockyer Valley Regional Council Longreach Regional Council Scenic Rim Regional Council Tablelands Regional Council Winton Shire Council Page 260 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 9 Schedule 9 Prescribed water contaminants section 77 1 a chemical, or chemical waste containing a chemical Examples— • biocide, including herbicide, fungicide and pesticide • chemical that causes biochemical or chemical oxygen demand • chemical toxicant for which guidelines are prescribed in the document ‘Australian and New Zealand guidelines for fresh and marine water quality’ • degreasing agent 2 a gas other than oxygen 3 a liquid containing suspended or dissolved solids 4 a liquid that has a temperature different by more than 2ºC from ambient water temperature 5 animal matter, including dead animals, animal remains and animal excreta, and water used to clean animals, animal enclosures or vehicles used for transporting animals 6 ashes, clay, gravel, sediment, stones and similar organic or inorganic matter 7 a substance that has a pH outside the range 6.5 to 8.5 8 building and construction materials, including bitumen, brick, cement, concrete and plaster 9 building, construction and demolition waste, including bitumen, brick, concrete cuttings, plaster and waste water generated by building, construction or demolition 10 clinical waste 11 glass, metal parts, paper, piping, plastic and scrap metal 12 industrial waste 13 oil, including, for example, petroleum or vegetable based oil Current as at 1 October 2014 Page 261 Environmental Protection Regulation 2008 Schedule 9 14 paint, paint scrapings or residues, paint sludge, water used for diluting paint or washing painting utensils, and waste from paint stripping 15 plant matter, including, for example, bark, lawn clippings, leaves, mulch, pruning waste, sawdust, shavings, woodchip and other waste from forest products 16 putrescible waste, including, for example, food scraps 17 sewage and sewage residues, whether treated or untreated, and any other matter containing faecal coliforms or faecal streptococci, including, for example, waste water pumped out from a septic tank 18 vehicles and components of vehicles, including, for example, batteries and tyres 19 waste and waste water, generated from indoor cleaning, including, for example, waste from carpet or upholstery cleaning and steam cleaning 20 waste and waste water, generated from outdoor cleaning, including, for example, waste generated from high pressure water blasting of commercial or industrial premises, fuel dispensing areas, plant or equipment, roofs, streets, vehicles and wharves 21 waste generated from repairing or servicing motor vehicles, including, for example, engine coolant, grease, lubricants and oil 22 waste water, including backwash from swimming pools, condensate from compressors, water from air-conditioning or cooling systems and waste water from grease traps Page 262 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 10 Schedule 10 Fees section 116 Note— See also chapter 8 for other fees payable under the Act. Part 1 Fees for environmental impact statements $ 1 submitting draft terms of reference for an EIS (Act, s 41(2)(b)) . . . . . . . . . . . . . . . . . . . . . . . . . . . 34,457.00 2 submitting an EIS (Act, s 47(2)) . . . . . . . . . . . . . . 169,880.00 3 giving an EIS amendment notice, other than an EIS amendment notice given under section 56(2)(c) of the Act (Act, s 66(4)). . . . . . . . . . . . . . 11,485.00 4 application for approval to voluntarily prepare an EIS (Act, s 71(d)(ii)) . . . . . . . . . . . . . . . . . . . . . . . 589.00 Part 2 Fees for environmental authorities $ 5 fee for application for environmental authority, other than an environmental authority for a mining activity that is an eligible ERA and relates to a mining claim (Act, s 125(1)(e))— (a) for a standard application . . . . . . . . . . . . . . 570.00 Current as at 1 October 2014 Page 263 Environmental Protection Regulation 2008 Schedule 10 $ (b) for a site specific application or variation application . . . . . . . . . . . . . . . . . . . . . . . . . 570.00 plus 30% of the annual fee for the authority that is the subject of the application 6 application to change environmental authority, other than an application for a minor change or a change approved by the administering authority (Act, s 132(1)(b)) . . . . . . . . . . . . . . . . . . . . . . . . 295.60 7 fee for amendment application for environmental authority (Act, s 226(1)(c))— (a) for a minor amendment application . . . . . . 285.60 (b) for a major amendment application . . . . . . 285.60 plus 30% of the annual fee for the authority that is the subject of the application 8 application to change amendment application for environmental authority (Act, s 236(b)). . . . 295.60 9 fee for amalgamation application (Act, s 246(d)) 295.60 10 fee for transfer application for environmental authority for a prescribed ERA (Act, s 253(f)) . 118.20 11 fee for conversion application (Act, s 696(b)) . . 295.60 Page 264 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 10 Part 3 Other fees $ 12 fee for late payment of an annual fee for environmental authority. . . . . . . . . . . . . . . . . . . . . . 118.20 13 fee for consideration of a report about a site investigation (Act, s 382) for— (a) land that is used exclusively for residential purposes and is not the subject of a development application—for each lot . . . . . . 551.00 (b) any other land—for each lot . . . . . . . . . . . . . . 1237.00 14 application for a temporary emissions licence (Act, s 357B(5)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2277.00 15 fee for obtaining an extract from the environmental management register or contaminated land register (Act, s 542(3)), for each lot to which the extract relates— (a) if the extract is obtained from the internet. . . . 44.50 (b) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.30 16 application for approval as an auditor (Act, s 570(c)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1179.00 Current as at 1 October 2014 Page 265 Environmental Protection Regulation 2008 Schedule 12 Schedule 12 Dictionary section 3 Part 1 Extended definitions

1 Meaning of category A environmentally sensitive area A category A environmentally sensitive area means any of the following— (a) any of the following under the Nature Conservation Act 1992— (i) a national park; (ii) a national park (Aboriginal land); (iii) a national park (Torres Strait Islander land); (iv) a national park (Cape York Peninsula Aboriginal land); (v) a regional park (general); (vi) a forest reserve; (b) the wet tropics area under the Wet Tropics World Heritage Protection and Management Act 1993; (c) the Great Barrier Reef Region under the Great Barrier Reef Marine Park Act 1975 (Cwlth); (d) a marine park under the Marine Parks Act 2004, other than a part of the park that is a general use zone under that Act.

2 Meaning of category B environmentally sensitive area A category B environmentally sensitive area means any of the following— (a) any of the following areas under the Nature Conservation Act 1992— Page 266 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 12 (i) a coordinated conservation area; (ii) an area of critical habitat or major interest identified under a conservation plan; (iii) an area subject to an interim conservation order; (b) an area subject to the following conventions to which Australia is a signatory— (i) the ‘Convention on the Conservation of Migratory Species of Wild Animals’ (Bonn, 23 June 1979); (ii) the ‘Convention on Wetlands of International Importance, especially as Waterfowl Habitat’ (Ramsar, Iran, 2 February 1971); (iii) the ‘Convention Concerning the Protection of the World Cultural and Natural Heritage’ (Paris, 23 November 1972); (c) a zone of a marine park under the Marine Parks Act 2004; (d) an area to the seaward side of the highest astronomical tide; (e) the following under the Queensland Heritage Act 1992— (i) a place of cultural heritage significance; (ii) a Queensland heritage place, unless there is an exemption certificate issued under that Act; (f) an area recorded in the Aboriginal Cultural Heritage Register established under the Aboriginal Cultural Heritage Act 2003, section 46, other than the area known as the ‘Stanbroke Pastoral Development Holding’, leased under the Land Act 1994 by lease number PH 13/5398; (g) a feature protection area, State forest park or scientific area under the Forestry Act 1959; (h) a declared fish habitat area under the Fisheries Act 1994; (i) a place in which a marine plant under the Fisheries Act 1994 is situated; Current as at 1 October 2014 Page 267 Environmental Protection Regulation 2008 Schedule 12 (j) an endangered regional ecosystem identified in the database known as the ‘Regional ecosystem description database’ kept by the department. Editor’s note— The Regional ecosystem description database is available for inspection— (a) during office hours, at the Queensland Herbarium, Brisbane Botanic Gardens, Mt Coot-tha Road, Toowong and each regional office of the department; and (b) on the department’s website.

3 Meaning and calculation of equivalent passenger unit (1) An equivalent passenger unit is a unit of measurement based on the mass of a quantity of tyres, or parts of tyres. (2) For a quantity of tyres, or parts of tyres, each 9.5kg of the tyres or parts is equivalent to 1 equivalent passenger unit.

4 Meaning of significantly disturbed land (1) Land is significantly disturbed if— (a) it is contaminated land; or (b) it has been disturbed and human intervention is needed to rehabilitate it— (i) to a condition required under the relevant environmental authority; or (ii) if the environmental authority does not require the land to be rehabilitated to a particular condition—to the condition it was in immediately before the disturbance. Examples of a disturbance to land— • the covering, compaction, exposure, removal or stockpiling of soil or other material • the destruction or removal of vegetation • the carrying out of a mining activity in a watercourse or wetland Page 268 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 12 • the submergence of an area with a hazardous contaminant, tailings, or water (2) Without limiting subsection (1)(b), land requires human intervention to rehabilitate it if— (a) the disturbance has made the land more susceptible to erosion; or (b) the land use capability or suitability of the land is diminished; or (c) the quality of water in a watercourse downstream of the land has been significantly reduced. (3) If land is significantly disturbed land because it is contaminated land, it ceases to be significantly disturbed land if a suitability statement is issued for the land. (4) If land is significantly disturbed land under subsection (1)(b), it ceases to be significantly disturbed land if the administering authority is satisfied the land has been rehabilitated— (a) to the condition it was in immediately before the disturbance; or (b) to another condition decided by the administering authority.

5 Meaning and calculation of standard cattle unit (1) A standard cattle unit is a unit of measurement based on the live weight of cattle. (2) The number of standard cattle units that is equivalent to an animal of a live weight mentioned in column 1 of the following table is stated opposite in column 2. Column 1 Column 2 Live weight (kg) Number of standard cattle units up to 350 0.67 more than 350 to 400 0.74 more than 400 to 450 0.81 more than 450 to 500 0.87 more than 500 to 550 0.94 Current as at 1 October 2014 Page 269 Environmental Protection Regulation 2008 Schedule 12 Column 1 Column 2 Live weight (kg) Number of standard cattle units more than 550 to 600 1.00 more than 600 to 650 1.06 more than 650 to 700 1.12 more than 700 1.18

6 Meaning and calculation of standard pig unit (1) A standard pig unit is a unit of measurement based on types, or a combination of types and live weight, of pigs. (2) In the following table, the number of standard pig units that is equivalent to an animal of a type mentioned in column 1 is stated opposite in column 2. Column 1 Column 2 Type of pig Number of standard pig units boar 1.6 gestating sow 1.6 gilt 1.8 lactating sow 2.5 (3) In the following table, the number of standard pig units that is equivalent to an animal of a type mentioned in column 1 and a live weight mentioned opposite in column 2, is stated opposite the live weight in column 3. Column 1 Column 2 Column 3 Type of pig Live weight (kg) Number of standard pig units sucker 1.4 to 8 0.1 weaner more than 8 to 25 0.5 grower more than 25 to 55 1.0 finisher more than 55 to 100 1.6 finisher more than 100 1.8 Page 270 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 12

7 Meaning and calculation of standard sheep unit (1) A standard sheep unit is a unit of measurement based on the live weight of sheep. (2) The number of standard sheep units that is equivalent to an animal of a live weight mentioned in column 1 of the following table is stated opposite in column 2. Column 1 Column 2 Live weight (kg) Number of standard sheep units up to 25 0.519 more than 25 to 30 0.595 more than 30 to 35 0.667 more than 35 to 40 0.738 more than 40 to 45 0.806 more than 45 to 50 0.872 more than 50 to 55 0.937 more than 55 to 60 1.000 more than 60 to 65 1.062 more than 65 to 70 1.123 more than 70 to 75 1.182 more than 75 1.241

8 Meaning of watercourse (1) A watercourse is a river, creek or stream in which water flows permanently or intermittently— (a) in a natural channel, whether artificially improved or not; or (b) in an artificial channel that has changed the course of the watercourse. (2) A watercourse includes the bed and banks and any other element of a river, creek or stream confining or containing water. Current as at 1 October 2014 Page 271 Environmental Protection Regulation 2008 Schedule 12 Part 2 Other definitions action has the meaning given by the Commonwealth Environment Act, chapter 8, part 23, division 1, subdivision A. activity, for chapter 4, see section 47. AES means aggregate environmental score. aggregate environmental score, for an environmentally relevant activity, see section 14. alluvial mining means excavating, in any way, unconsolidated, waterborne or weathered material (whether or not it is in a watercourse) and processing it by using chemical methods or gravity-separation to extract minerals from the material. Examples— gem, gold or tin mining from alluvial wash animal waste means any discarded materials, including carcasses, body parts, blood or bedding, originating from animals contaminated with an agent infectious to humans or from animals inoculated during research, production of biologicals or pharmaceutical testing with infectious agents. annual fee see section 118. approved EMS, for chapter 8, part 3, division 2, see section 123. approved partner, for chapter 8, part 3, division 2, see section 124. AS 1055 means ‘AS 1055–1997—Acoustics–Description and measurement of environmental noise’. AS 1940 means ‘AS 1940–2004—The storage and handling of flammable and combustible liquids’. AS IEC 61672 means ‘AS IEC 61672—Electroacoustics–Sound level meters’. Page 272 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 12 authority number, for an environmental authority, means the unique number issued for the environmental authority by the administering authority. bed, of any waters— (a) includes an area covered, permanently or intermittently, by tidal or non-tidal waters; but (b) does not include land adjoining or adjacent to the bed that is from time to time covered by floodwater. biological integrity, of water or a wetland, means the ability of the water or wetland to support and maintain a balanced, integrative, adaptive community of organisms having a species composition, diversity and functional organisation comparable to that of the natural habitat of the locality in which the water or wetland is located. boat maintenance or repair facility means a facility on land or in water that is used to maintain or repair boats or seaplanes. Examples of facilities— cradles, dry docks and hardstand areas change of ownership, for chapter 9, part 3, see section 160. characteristic, for chapter 4, see section 47. chemical means— (a) an agricultural chemical product or veterinary chemical product under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth); or (b) a dangerous good under the dangerous goods code; or (c) a drug or poison in the ‘Standard for the Uniform Scheduling of Drugs and Poisons’ compiled by the Australian Health Ministers’ Advisory Council and published by the Commonwealth; or (d) a substance intended for use as— (i) a fertiliser for agricultural, horticultural or garden use, other than mushroom growing substrate or compost; or Current as at 1 October 2014 Page 273 Environmental Protection Regulation 2008 Schedule 12 (ii) a paint solvent, pigment, dye, printing ink, industrial polish, adhesive, sealant, food additive, bleach, sanitiser, disinfectant, or biocide; or (iii) a pesticide, insecticide, fungicide, herbicide, rodenticide, nematocide, miticide, fumigant or related product; or (iv) a surface active agent, including, for example, soap and detergent; or (e) class 1 or 2 combustible liquids under AS 1940. chemical waste means waste generated from the use of chemicals in medical, dental, veterinary and laboratory procedures, including, for example, mercury, formalin and gluteraldehyde. clay pit mining means excavating— (a) waterborne or weathered material (whether or not it is in a watercourse) to extract clay for a use related to its ceramic properties; or (b) kaolin; or (c) bentonite. clinical waste means waste that has the potential to cause disease, including, for example, the following— (a) animal waste; (b) discarded sharps; (c) human tissue waste; (d) laboratory waste. coal seam gas water means underground water brought to the surface of the earth or moved underground in connection with exploring for or producing coal seam gas. coal seam gas water management policy means the Coal Seam Gas Water Management Policy, dated December 2012, prepared by the department and published on its website. Editor’s note— The department’s website is <www.ehp.qld.gov.au>. Page 274 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 12 commencement, for chapter 9, part 3, see section 160. commercial, for an activity mentioned in schedule 2, means carried out for a fee or reward. commercial premises means any of the following types of premises— (a) a hotel, motel, caravan park, cafe, food store or canteen; (b) an assembly building, institutional building, kindergarten, child minding centre, school or other building used for education; (c) premises where a sport or game is ordinarily played in public; (d) an exhibition ground, show ground or racecourse; (e) an office, shop or other premises where business or work, other than a manufacturing process, is carried out. commercial waste means waste, other than green waste, recyclable waste, interceptor waste or waste discharged to a sewer, produced as a result of the ordinary use or occupation of commercial premises. Commonwealth approval, for a project, means the Commonwealth Minister’s approval of the action the subject of the project under the Commonwealth Environment Act, chapter 4, part 9. Commonwealth Minister means the Minister of the Commonwealth responsible for administering the Commonwealth Environment Act. concurrence ERA see section 16. conformity assessment body, for chapter 8, part 3, division 2, see section 122. consignment number means— (a) for a load of waste transported from a generator outside Queensland—the number assigned to the load under section 81X(5); or (b) for a load of waste transported to a receiver outside Queensland—any number assigned as a consignment Current as at 1 October 2014 Page 275 Environmental Protection Regulation 2008 Schedule 12 number for the load under an equivalent law of the jurisdiction. controlling provision, for a project, means a provision of the Commonwealth Environment Act, chapter 2, part 3, decided by the Commonwealth Minister as a controlling provision for the project under that Act, chapter 4, part 7, division 2. control measure, for chapter 4, see section 47. council means the National Environment Protection Council under the National Environment Protection Council (Queensland) Act 1994. cytotoxic drug means a drug known to have carcinogenic, mutagenic or teratogenic potential. daily peak design capacity, in relation to sewage treatment, see schedule 2, section 63(4). dangerous goods means dangerous goods under the dangerous goods code. dangerous goods class means the class allocated to dangerous goods under the dangerous goods code. dangerous goods code means the seventh edition of the ‘Australian Code for the Transport of Dangerous Goods by Road and Rail’. department’s website means the department’s website on the internet. Editor’s note— The department’s website address is <www.ehp.qld.gov.au>. designated proponent, for a project, means the person designated as a proponent for the action the subject of the project under the Commonwealth Environment Act, section 75(3). dimension stone mining means extracting rock and processing it by additional cutting or shaping for use for building or monumental purposes. Example of rock extracted by dimension stone mining— granite, limestone, marble, sandstone, slate Page 276 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 12 disposal code, for a way of disposing of waste, means the relevant code for the disposal operation stated in schedule 2H. domestic clean-up waste means non-putrescible, dry and inoffensive waste, other than green waste or recyclable waste, produced as a result of a clean-up of domestic premises. domestic premises means any of the following types of premises— (a) a single unit private dwelling; (b) premises containing 2 or more separate flats, apartments or other dwelling units; (c) a boarding house, hostel, lodging house or guest house. domestic waste means waste, other than domestic clean-up waste, green waste, recyclable waste, interceptor waste or waste discharged to a sewer, produced as a result of the ordinary use or occupation of domestic premises. eligible, for chapter 8, part 3, division 2, see section 122. environmental emission profile means the document ‘Environmental Emission Profiles—A tool to profile the relative risk of environmentally relevant activities under the Environmental Protection Regulation 2008’, published by the department. Editor’s note— A copy of the environmental emission profile is available, free of charge, during business hours from the department’s head office at level 3, 400 George Street, Brisbane. On the day this regulation was notified in the gazette, a copy of the document was also available on the department’s website. environmentally significant characteristic means a characteristic mentioned in the MCW NEPM, schedule A, list 2, a copy of which is set out in schedule 2G. environmental management decision, for chapter 4, see section 48. environmental objective assessment means an assessment carried out in accordance with schedule 5, part 2. equivalent passenger unit see section 1 of this schedule. Current as at 1 October 2014 Page 277 Environmental Protection Regulation 2008 Schedule 12 ERA means an environmentally relevant activity. facility, for an environmentally relevant activity, means, generally, the premises or other place used for the activity. floodwater means water overflowing, or that has overflowed, from a watercourse onto or over riparian land that is not submerged when the watercourse flows between or is contained within its bed and banks. general waste means waste other than regulated waste. general waste means— (a) generally, waste other than regulated waste; or (b) for chapter 5A, part 2, any of the following— (i) commercial waste; (ii) domestic waste; (iii) recyclable waste. generator, for chapter 5, part 9, see section 81D(1)(a). generator identification number, of a person, means the number assigned to the person under section 81ZB. green waste means grass cuttings, trees, bushes, shrubs, loppings of trees, bushes or shrubs, or similar matter produced as a result of the ordinary use or occupation of premises. groundwater means underground water. hard rock mining means extracting material from underground, or open cut pits, and processing it by crushing or milling and using chemical methods or gravity-separation to extract minerals from it. highest astronomical tide means the highest level of the tides that can be predicted to occur under average meteorological conditions and under any combination of astronomical conditions. high hazard dam means a dam that is assessed as being in a high hazard category within the meaning of the document ‘Manual for assessing hazard categories and hydraulic performance of dams’ published by the department. Page 278 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 12 Editor’s note— A copy of the document is available free of charge, during business hours, from the department’s head office at level 3, 400 George Street, Brisbane. human body parts means recognisable organs, bones and gross body parts but does not include teeth, gums, hair, nails, bone fragments or a placenta if it is to be retained by a parent or guardian. human tissue waste means the following— (a) tissue, blood, blood products and other body fluids that are removed from a person during surgery, an autopsy or another medical procedure; (b) tissue, blood, blood products and other body fluids that are removed from a person during post-operative care or treatment; (c) specimens of tissue, blood, blood products and other body fluids and containers in which the specimens are kept; (d) discarded material saturated with, or containing, free-flowing blood and other body fluids. industrial waste means— (a) interceptor waste; or (b) waste other than the following— (i) commercial waste; (ii) domestic waste; (iii) domestic clean-up waste; (iv) green waste; (v) recyclable waste; (vi) recyclable interceptor waste; (vii) waste discharged to a sewer. initial mixing zone, for chapter 4, see section 47. interceptor means a device used to intercept a substance in sewage, waste water or trade waste and prevent its discharge Current as at 1 October 2014 Page 279 Environmental Protection Regulation 2008 Schedule 12 into a sewer, septic tank, waste water disposal system or other treatment device. Examples of interceptors— • neutralising interceptors for neutralising acidic and alkaline substances • grease interceptors for collecting and solidifying fat, grease and similar matter • oil interceptors for collecting oil and petroleum products • silt interceptors for collecting soil, sand, gravel and other sedimentary solids interceptor waste means matter, other than recyclable interceptor waste, intercepted by, and held in, an interceptor. interim period, for chapter 9, part 3, see section 160. JAS-ANZ, for chapter 8, part 3, division 2, see section 122. limited regulated waste means any of the following types of regulated waste— (a) animal effluent and residues, including abattoir effluent and poultry and fish processing waste; (b) asbestos; (c) food processing waste; (d) quarantine waste that has been rendered non-infectious; (e) sewage sludge or residue produced in carrying out an activity to which schedule 2, section 63 applies; (f) treated clinical waste; (g) tyres. lower emissions score, for chapter 8, part 3, division 2, see section 125. manufacturing process means a handicraft or other process relating to adapting, altering, assembling, cleaning, finishing, making, ornamenting, preparing, renovating, repairing, washing, or wrecking goods for trade, sale or gain or otherwise in connection with a business. Page 280 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 12 Map of referable wetlands means the ‘Map of referable wetlands’, a document approved by the chief executive on 4 November 2011 and published by the department, as amended from time to time by the chief executive under section 144D. material, for chapter 4, see section 47. matters of national environmental significance means matters of national environmental significance mentioned in the Commonwealth Environment Act, chapter 2, part 3, division 1. MCW NEPM means the National Environment Protection (Movement of Controlled Waste between States and Territories) Measure made by the National Environment Protection Council, on 26 June 1998, under the National Environment Protection Council Act 1994 (Cwlth). member of QR Group, for chapter 9, part 3, see section 160. monitoring, for chapter 4, see section 49. naturally occurring surface waters includes artificial waterways that are directly connected to naturally occurring surface waters. Example— a canal connected to naturally occurring surface waters noise measurement manual means the document called ‘Noise Measurement Manual’, published by the department. Editor’s note— The document is available for inspection during business hours at the department’s head office at level 3, 400 George Street, Brisbane and each regional office, and, on the day this regulation was notified in the gazette, was also available on the department’s website. NPI NEPM see section 82. opal mining means extracting material from underground or open cut pits and processing it by manually separating opal rock or by using gravity-separation to extract opal. operating, in relation to sewage treatment works, see schedule 2, section 63(4). Current as at 1 October 2014 Page 281 Environmental Protection Regulation 2008 Schedule 12 packing group designator, for trackable waste, means the packing group designator applying to the waste under the dangerous goods code. pharmaceutical product means a restricted drug under the Health (Drugs and Poisons) Regulation 1996. prescribed environmental management system, for chapter 8, part 3, division 2, see section 122. prescribed form, for chapter 5, part 9, see section 81V(1). prescribed information, for chapter 5, part 9, see section 81E. prescribed time, for chapter 5, part 9, see section 81G. prescribed way, for chapter 5, part 9, see section 81F. product stewardship means— (a) a product stewardship scheme under the Waste Reduction and Recycling Act 2011; or (b) one of the following under the Product Stewardship Act

2011 (Cwlth)— (i) an accredited voluntary arrangement; (ii) an approved co-regulatory arrangement; (iii) mandatory product stewardship requirements specified under part 4 of that Act. project site, for an environmental authority, means a site where 1 or more environmentally relevant activities are carried out as a single integrated operation under the authority. published, for chapter 6, see section 83. QR Limited, for chapter 9, part 3, see section 160. quarantine waste means quarantine waste material under the document called ‘Process Management System for the Storage of Quarantine Waste’, published by the Australian Quarantine and Inspection Service. Editor’s note— On the day this regulation was notified in the gazette, the document was available for inspection during office hours at the national office of the Page 282 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 12 Commonwealth Department of Agriculture, Fisheries and Forestry at 18 Marcus Clarke Street, Canberra City ACT. Queensland planning provisions means the standard planning scheme provisions under the Planning Act, section 54. radioactive substance see the Radiation Safety Act 1999, schedule 2. receiver, for chapter 5, part 9, see section 81D(1)(c). recyclable interceptor waste means matter that is, or is intended to be, removed from a grease interceptor and taken elsewhere for processing into a non-toxic, non-hazardous and usable substance for sale. recyclable waste, for a local government’s area, means clean and inoffensive waste that is declared by the local government to be recyclable waste for the area. Examples of waste that may be declared to be recyclable waste— glass bottles, newspaper, cardboard, steel and aluminium cans, and green waste reduced annual fee, for chapter 8, part 3, division 2, see section 122. registration number, of a motor vehicle, means its registration number under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010. regulated waste see section 65. related body corporate, for chapter 9, part 3, see section 160. related waste means waste that constitutes, or is contaminated with, chemicals, cytotoxic drugs, human body parts, pharmaceutical products or radioactive substances. relevant impacts, for chapter 2 and schedule 1, means the impacts, including the potential for environmental harm— (a) for a project prescribed under section 4(a)—a project has or will have, or is likely to have, on the matter protected by a controlling provision for the project; or Current as at 1 October 2014 Page 283 Environmental Protection Regulation 2008 Schedule 12 (b) for a project prescribed under section 4(b)—a project has or will have, or is likely to have, on the matters of national environmental significance. relevant premises includes domestic, government and commercial premises. relevant site, for chapter 4, see section 47. reporting period, for chapter 6, see section 83. reporting requirement, for chapter 6, see section 83. reporting threshold, for chapter 6, see section 83. riverine area does not include land outside the flood flow channel of a watercourse. scheduled area see section 15. sensitive land use means a sensitive land use as defined under the Queensland planning provisions. Editor’s note— On the commencement of this section, the Queensland planning provisions were also available on the department’s website at <www.dip.qld.gov.au>. sensitive receptor means a sensitive receptor under any relevant environmental protection policies. serviced premises, for chapter 5A, see section 81ZE. shallow pit mining means extracting material from an open cut pit no more than 5m deep and processing the material to extract minerals. sharp means an object or device having sharp points, protuberances or cutting edges that are capable of causing a penetrating injury to humans. significant hazard dam means a dam that is assessed as being in a significant hazard category within the meaning of the document ‘Manual for assessing hazard categories and hydraulic performance of dams’ published by the department. Page 284 Current as at 1 October 2014 Environmental Protection Regulation 2008 Schedule 12 Editor’s note— A copy of the document is available free of charge during business hours from the department’s head office at level 3, 400 George Street, Brisbane. source noise, for chapter 5, part 3, division 2, see section 70. standard cattle unit see section 2 of this schedule. standard general waste container means a container of a type approved by a local government for storing domestic waste, commercial waste or recyclable waste at premises in the local government’s area. standard pig unit see section 3 of this schedule. standard sheep unit see section 4 of this schedule. stated threshold, for a prescribed ERA to which a section under schedule 2 applies, means a threshold for carrying out the activity stated in the section. storing, a quantity of a chemical, includes moving the chemical, or some of the chemical, within the site where the chemical is stored. subsidiary risk, for trackable waste, means the subsidiary risk applying to the waste under the dangerous goods code. surface water, for chapter 4, see section 47. trackable waste see section 81C(1). transporter, for chapter 5, part 9, see section 81D(1)(b). Treasurer, for chapter 9, part 3, see section 160. treated clinical waste means clinical waste that has been treated to render it non-infectious. treatment code, for a way of treating waste, means the code for the treatment operation stated in schedule 2H. unique identifier, for the transportation of a load of trackable waste, means— (a) if the generator gives the administering authority information about the transportation in the prescribed form—the unique identifier marked on the form; or Current as at 1 October 2014 Page 285 Environmental Protection Regulation 2008 Schedule 12 (b) if the generator gives the administering authority information about the transportation in another way the administering executive has approved under section 81W—the unique identifier assigned under the approved way. UN number, for trackable waste, means the United Nations number applying to the waste under the dangerous goods code. untreated clinical waste means clinical waste, other than treated clinical waste, including, for example, clinical waste that has been only partly treated. waste and resource management hierarchy see the Waste Reduction and Recycling Act 2011, schedule. waste and resource management principles see the Waste Reduction and Recycling Act 2011, schedule. waste code, for trackable waste, means the code for the waste stated in schedule 2E. waste facility means a facility for the recycling, reprocessing, treatment, storage, incineration, conversion to energy or disposal of waste. waste handler means a generator, transporter or receiver of trackable waste. waste reduction and recycling plan see the Waste Reduction and Recycling Act 2011, schedule. water, for chapter 4, see section 47. watercourse see section 8 of this schedule. wetland means an area shown as a wetland on the Map of referable wetlands. wetland management area means an area shown as a wetland management area on the Map of referable wetlands. wetland protection area means an area shown as a wetland protection area on the Map of referable wetlands. within, a threshold, includes in accordance with the threshold. Page 286 Current as at 1 October 2014 Environmental Protection Regulation 2008 Endnotes Endnotes

1 Index to endnotes Page

2 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .287

3 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .287

4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .289

5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .293

6 Information about retrospectivity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .313

2 Key Key to abbreviations in list of legislation and annotations Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised version num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2012 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered prev = previous

3 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. Current as at 1 October 2014 Page 287 Environmental Protection Regulation 2008 Endnotes The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003 9601 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint Amendments included Effective Notes No. 1 2008 SL No. 439 1 January 2009 1A 2009 Act No. 13 1 July 2009 1B 2009 SL No. 145 10 July 2009 1C 2009 SL No. 304 11 December 2009 1D 2009 SL No. 280 18 December 2009 1E 2009 SL No. 304 1 January 2010 1F 2010 SL No. 13 19 February 2010 1G 2010 SL No. 76 30 April 2010 1H 2010 Act No. 19 23 May 2010 1I 2010 SL No. 162 1 August 2010 1J 2010 Act No. 19 21 September 2010 1K 2010 SL No. 328 26 November 2010 1L 2010 SL No. 363 10 December 2010 1M 2010 SL No. 363 1 January 2011 1N 2011 SL No. 46 15 April 2011 1O 2010 SL No. 363 10 June 2011

2011 SL No. 80 1P 2011 SL No. 145 29 July 2011 2 2011 SL No. 135 1 August 2011 2A 2011 SL No. 246 25 November 2011 2B 2011 SL No. 231 1 December 2011 2C 2011 SL No. 248 2 December 2011 2D 2012 SL No. 41 17 February 2012 2E 2012 SL No. 114 1 August 2012 2F 2012 SL No. 196 9 November 2012 2G 2012 SL No. 253 21 December 2012 Current as at Amendments included Notes

31 March 2013 2013 SL No. 25 RA s 44

3 May 2013 2013 Act No. 19

31 May 2013 2013 SL No. 83

20 September 2013 2013 SL No. 182

18 October 2013 2013 SL No. 204

6 December 2013 2013 SL No. 271 RA s 44 Page 288 Current as at 1 October 2014 Environmental Protection Regulation 2008 Endnotes Current as at Amendments included Notes

1 January 2014 2013 SL No. 271

28 March 2014 2014 SL No. 35

9 May 2014 rv 2014 SL No. 57

2014 SL No. 134

19 June 2014 2014 SL No. 134

1 July 2014 2014 SL No. 134 RA s 44A

29 August 2014 rv 2014 SL No. 198 RA s 30

1 October 2014 2014 Act No. 40 RA ss 44, 44A

4 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Environmental Protection Regulation 2008 SL No. 370 made by the Governor in Council 6 November 2008 notfd gaz 7 November 2008 pp 1319–21 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2009 (see s 2) exp 1 September 2019 (see SIA s 54) Notes—(1) The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. (2) A regulatory impact statement and an explanatory note were prepared. amending legislation— Environmental Protection and Other Legislation Amendment Regulation (No. 2)

2008 SL No. 439 pts 1–2 notfd gaz 12 December 2008 pp 2044–53 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2009 (see s 2) Right to Information Act 2009 No. 13 ss 1–2, 213 sch 5 date of assent 12 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2009 (2009 SL No. 132) Environmental Protection and Other Legislation Amendment Regulation (No. 1)

2009 SL No. 145 pts 1–2, s 2 sch notfd gaz 10 July 2009 pp 1022–3 commenced on date of notification Current as at 1 October 2014 Page 289 Environmental Protection Regulation 2008 Endnotes Sustainable Planning Regulation 2009 SL No. 280 ss 1–2, pt 9 div 8 notfd gaz 27 November 2009 pp 1001–6 ss 1–2 commenced on date of notification remaining provisions commenced 18 December 2009 (see s 2) Environmental Protection Amendment Regulation (No. 1) 2009 SL No. 304 notfd gaz 11 December 2009 pp 1187–91 ss 1–2 commenced on date of notification s 5 commenced 1 January 2010 immediately after the commencement of the Environmental Protection Act 1994 s 75 as ins by the Great Barrier Reef Protection Amendment Act 2009 s 6 (see s 2 and 2009 SL No. 273) remaining provisions commenced on date of notification Environment and Resource Management and Other Legislation Amendment Regulation (No. 1) 2010 SL No. 13 pts 1, 3 notfd gaz 19 February 2010 pp 407–9 commenced on date of notification Environmental Protection and Other Legislation Amendment Regulation (No. 1)

2010 SL No. 76 pts 1–2 notfd gaz 30 April 2010 pp 1053–4 commenced on date of notification Note—A regulatory impact statement and explanatory note were prepared. Transport and Other Legislation Amendment Act (No. 2) 2010 No. 19 ss 1, 2(1)(b), ch 2 pt 8 date of assent 23 May 2010 ss 1–2, 33 commenced on date of assent remaining provisions commenced 21 September 2010 (see s 2(1)(b) and gazette notice pubd Queensland Government Gazette No. 20, 21 September 2010 p 172) Environment and Resource Management Legislation Amendment Regulation (No. 2)

2010 SL No. 162 pts 1, 5 notfd gaz 2 July 2010 pp 1033–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 August 2010 (see s 2) Environmental Protection Amendment Regulation (No. 1) 2010 SL No. 328 notfd gaz 26 November 2010 pp 810–13 commenced on date of notification Environmental Protection Legislation Amendment Regulation (No. 1) 2010 SL No. 363 pts 1–2 notfd gaz 10 December 2010 pp 1082–6 ss 1–2 commenced on date of notification ss 8, 14 commenced 1 January 2011 (see s 2(1)) ss 4–6, 15(1)–(2) commenced 10 June 2011 immediately after the commencement of s 51 of the Water and Other Legislation Amendment Act 2010 No. 53 (see s 2(2) and 2011 SL No. 81) remaining provisions commenced on date of notification Page 290 Current as at 1 October 2014 Environmental Protection Regulation 2008 Endnotes Environmental Protection Amendment Regulation (No. 1) 2011 SL No. 46 notfd gaz 15 April 2011 pp 624–6 commenced on date of notification Environmental Protection Amendment Regulation (No. 2) 2011 SL No. 80 notfd gaz 10 June 2011 pp 380–1 commenced on date of notification Environment and Resource Management Legislation Amendment Regulation (No. 1)

2011 SL No. 135 pts 1, 5 notfd gaz 8 July 2011 pp 632–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 August 2011 (see s 2) Environmental Protection Amendment Regulation (No. 3) 2011 SL No. 145 notfd gaz 29 July 2011 pp 788–9 commenced on date of notification Waste Reduction and Recycling Regulation 2011 SL No. 231 ss 1, 2(b)–(c), 49 sch 9 pt 3 notfd gaz 18 November 2011 pp 547–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 December 2011 (see s 2(1)(c)) Environmental Protection and Other Legislation Amendment Regulation (No. 1)

2011 SL No. 246 pts 1–2 notfd gaz 25 November 2011 pp 603–6 commenced on date of notification Environmental Protection Amendment Regulation (No. 4) 2011 SL No. 248 notfd gaz 25 November 2011 pp 603–6 ss 1–2 commenced on date of notification remaining provisions commenced 2 December 2011 (see s 2) Environmental Protection Amendment Regulation (No. 1) 2012 SL No. 41 notfd gaz 17 February 2012 pp 340–3 commenced on date of notification Environment and Heritage Protection Legislation Amendment Regulation (No. 1)

2012 SL No. 114 pts 1, 3 notfd gaz 27 July 2012 pp 927–9 ss 1–2 commenced on date of notification remaining provisions commenced 1 August 2012 (see s 2) Environmental Protection and Other Legislation Amendment Regulation (No. 1)

2012 SL No. 196 pts 1, 3 notfd gaz 9 November 2012 pp 319–20 commenced on date of notification Environmental Protection Amendment Regulation (No. 2) 2012 SL No. 253 notfd gaz 21 December 2012 pp 599–602 commenced on date of notification Current as at 1 October 2014 Page 291 Environmental Protection Regulation 2008 Endnotes Environmental Protection and Other Legislation Amendment Regulation (No. 1)

2013 SL No. 25 pts 1–2 notfd gaz 1 March 2013 pp 331–2 ss 1–2 commenced on date of notification remaining provisions commenced 31 March 2013 (see s 2) Queensland Rail Transit Authority Act 2013 No. 19 ss 1, 120 sch 1 date of assent 3 May 2013 commenced on date of assent Environmental Protection Amendment Regulation (No. 1) 2013 SL No. 83 notfd gaz 31 May 2013 pp 160–5 commenced on date of notification Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 SL No. 182 pts 1–2 notfd gaz 20 September 2013 pp 101–3 commenced on date of notification Environment and Heritage Protection Legislation Amendment Regulation (No. 1)

2013 SL No. 204 pts 1, 3 notfd <www.legislation.qld.gov.au> 18 October 2013 commenced on date of notification Environmental Protection Amendment Regulation (No. 2) 2013 SL No. 271 notfd <www.legislation.qld.gov.au> 6 December 2013 ss 1–2 commenced on date of notification ss 6, 7, 12 commenced 1 January 2014 (see s 2) remaining provisions commenced on date of notification Nature Conservation and Other Legislation Amendment Regulation (No. 1) 2014 SL No. 35 pts 1–2 notfd <www.legislation.qld.gov.au> 28 March 2014 commenced on date of notification Environmental Protection Amendment Regulation (No. 1) 2014 SL No. 57 notfd <www.legislation.qld.gov.au> 9 May 2014 commenced on date of notification Environmental Protection Amendment Regulation (No. 2) 2014 SL No. 134 notfd <www.legislation.qld.gov.au> 27 June 2014 ss 1–2 commenced on date of notification s 4(1) commenced 9 May 2014 (see s 2(2)) s 4(2) commenced 19 June 2014 (on the commencement of the Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014, pt 3 div 2)(see s 2(3)) remaining provisions commenced 1 July 2014 (see s 2(1)) State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014 No. 40 ss 1–2, 154 sch 1 pt 3 date of assent 15 August 2014 ss 1–2 commenced on date of assent Page 292 Current as at 1 October 2014 Environmental Protection Regulation 2008 Endnotes remaining provisions commenced 1 October 2014 (2014 SL No. 209) Environment Legislation Amendment and Repeal Regulation (No.1) 2014 SL No. 198 pts 1–2 notfd <www.legislation.qld.gov.au> 29 August 2014 commenced on date of notification

5 List of annotations Application of pt 2 s5 amd 2013 SL No. 25 s 4 Prescribed matters for EIS assessment report—Act, s 59(e) s9 amd 2014 SL No. 57 s 3 CHAPTER 3—ENVIRONMENTALLY RELEVANT ACTIVITIES PART 1—ENVIRONMENTALLY RELEVANT ACTIVITIES—GENERAL MATTERS pt hdg sub 2013 SL No. 25 s 5 What is the aggregate environmental score for an environmentally relevant activity prov hdg amd 2013 SL No. 25 s 6(1) s 14 amd 2013 SL No. 25 s 6(2)–(3); 2013 SL No. 182 s 3 Meaning of concurrence ERA s 16 sub 2013 SL No. 25 s 7 amd 2013 SL No. 271 s 4 Activities prescribed as environmentally relevant activities—general s 17 amd 2013 SL No. 25 s 8 Activities prescribed as extractive activities—Act, s 120 s 17A ins 2013 SL No. 25 s 9 Division 2A—Amount and form of financial assurance for environmental authorities div hdg ins 2013 SL No. 83 s 3 Guideline prescribed—Act, ss 294 and 295 s 17B ins 2013 SL No. 83 s 3 Division 3—Environmental authority applications for wild river areas div hdg sub 2013 SL No. 25 s 10 om 2014 Act No. 40 s 154 sch 1 pt 3 Subdivision 1—Development applications for wild river areas sdiv hdg om 2013 SL No. 25 s 11 Exempt prescribed ERA—Act, s 174 s 18 amd 2009 SL No. 145 s 2 sch; 2009 SL No. 280 s 68 sub 2013 SL No. 25 s 12 om 2014 Act No. 40 s 154 sch 1 pt 3 Current as at 1 October 2014 Page 293 Environmental Protection Regulation 2008 Endnotes Sewage ERA—Act, s 174 s 19 amd 2009 SL No. 280 s 69 sub 2013 SL No. 25 s 13 om 2014 Act No. 40 s 154 sch 1 pt 3 Water treatment ERA—Act, s 174 s 19A ins 2013 SL No. 25 s 13 om 2014 Act No. 40 s 154 sch 1 pt 3 Subdivision 2—Development applications that may require financial assurances sdiv hdg om 2013 SL No. 25 s 14 Division 3A—Development application relating to concurrence ERAs div hdg ins 2013 SL No. 25 s 15 Application of div 3A s 19B ins 2013 SL No. 25 s 15 amd 2013 SL No. 204 s 8 Assessing application s 19C ins 2013 SL No. 25 s 15 amd 2013 SL No. 204 s 9; 2014 Act No. 40 s 154 sch 1 pt 3 Prescribed activity for requirement for financial assurances—Act, s 364 s 20 om 2013 SL No. 25 s 14 Codes of environmental compliance for chapter 4 activities s 22 amd 2009 SL No. 304 s 4 om 2013 SL No. 25 s 16 Prescribed circumstances for adding, changing or cancelling a development condition of particular approvals—Act, s 73C s 22A ins 2009 SL No. 145 s 3 sub 2011 SL No. 46 s 3 om 2013 SL No. 25 s 17 PART 1A—AGRICULTURAL ERAs pt hdg ins 2009 SL No. 304 s 5 Division 1—Fertiliser application requirements div 1 (ss 22B–22E) ins 2009 SL No. 304 s 5 Division 2—Document requirements div 2 (s 22F) ins 2009 SL No. 304 s 5 PART 2—PRESCRIBED MATTERS FOR PARTICULAR RESOURCE ACTIVITIES pt hdg amd 2009 SL No. 145 s 2 sch sub 2013 SL No. 25 s 18 Designated environmental areas prov hdg amd 2009 SL No. 145 s 2 sch s 23 prev s 23 amd 2009 SL No. 145 s 2 sch om 2013 SL No. 25 s 19 Page 294 Current as at 1 October 2014 Environmental Protection Regulation 2008 Endnotes pres s 23 ins 2013 SL No. 271 s 5 amd 2014 SL No. 35 s 3 Prescribed conditions for small scale mining activities—Act, s 21A s 23A ins 2013 SL No. 271 s 5 What is the aggregate environmental score for a level 1 chapter 5A activity prov hdg amd 2009 SL No. 145 s 2 sch s 24 amd 2009 SL No. 145 s 2 sch om 2013 SL No. 25 s 20 Prescribed documents for application for environmental authority for a CSG activity—Act, s 125 prov hdg sub 2013 SL No. 25 s 21(1) s 24AA ins 2012 SL No. 41 s 3 amd 2012 SL No. 253 s 3; 2013 SL No. 25 s 21(2)–(3) Prescribed circumstance for amending environmental authority for particular resource activities—Act, s 215 prov hdg amd 2013 SL No. 25 s 22(1) s 24AB ins 2012 SL No. 41 s 3 amd 2013 SL No. 25 s 22(2) PART 3—ELIGIBILITY CRITERIA FOR ENVIRONMENTALLY RELEVANT ACTIVITIES pt hdg sub 2013 SL No. 25 s 23; 2013 SL No. 83 s 4 Division 1—Preliminary div hdg om 2013 SL No. 25 s 23 Definitions for pt 3 s 24A ins 2010 SL No. 363 s 4 def dimension stone mining om 2011 SL No. 248 s 4 om 2013 SL No. 25 s 23 Approval of eligibility criteria—Act, s 318 s 24B ins 2013 SL No. 83 s 5 Eligibility criteria prescribed for mining activities—Act, s 707B s 25 sub 2013 SL No. 25 s 23 What is a category B environmentally sensitive area s 26 om 2013 SL No. 25 s 23 Meaning of riverine area s 27 om 2013 SL No. 25 s 23 What is significantly disturbed land s 28 om 2013 SL No. 25 s 23 Division 2—Prescribed criteria div hdg om 2013 SL No. 25 s 23 Criteria for mining activities forming level 1 or level 2 mining projects—Act, s 151 s 29 sub 2009 SL No. 145 s 4 Current as at 1 October 2014 Page 295 Environmental Protection Regulation 2008 Endnotes om 2013 SL No. 25 s 23 Criteria under any environmental authority (mining activities) s 30 amd 2009 SL No. 145 s 2 sch sub 2010 SL No. 363 s 5 om 2013 SL No. 25 s 23 Criteria under environmental authority (mining lease) s 31 sub 2010 SL No. 363 s 5 om 2013 SL No. 25 s 23 Criteria under other environmental authorities (mining activities) s 32 amd 2010 SL No. 363 s 6 om 2013 SL No. 25 s 23 Division 3—Aggregate environmental score div 3 (s 33) om 2013 SL No. 25 s 23 Division 4—Codes of environmental compliance div 4 (s 34) om 2013 SL No. 25 s 23 Division 5—Prescribed periods for chapter 5 of the Act div hdg om 2013 SL No. 25 s 23 Subdivision 1—Applications for environmental authority (mining claim) sdiv 1 (ss 35–36) om 2013 SL No. 25 s 23 Subdivision 2—Applications for environmental authority (exploration) and environmental authority (mineral development) sdiv 2 (ss 37–38) om 2013 SL No. 25 s 23 Subdivision 3—Applications for environmental authority (mining lease) sdiv 3 (ss 39–40) om 2013 SL No. 25 s 23 Subdivision 4—Amendment applications sdiv 4 (ss 41–42) om 2013 SL No. 25 s 23 Subdivision 5—Surrender applications sdiv 5 (ss 43–45) om 2013 SL No. 25 s 23 CHAPTER 4—REGULATORY REQUIREMENTS Meaning of environmental management decision s 48 amd 2013 SL No. 25 s 24 PART 2—REGULATORY REQUIREMENTS FOR ALL ENVIRONMENTAL MANAGEMENT DECISIONS Division 1—Regulatory requirements for all environmental management decisions— general div hdg ins 2013 SL No. 25 s 25 Matters to be complied with for environmental management decisions s 51 amd 2010 SL No. 76 s 3; 2012 SL No. 196 s 5 sub 2013 SL No. 25 s 26 amd 2014 SL No. 57 s 4; 2014 SL No. 134 s 4(1) (retro); 2014 SL No. 134 s 4(2); 2014 Act No. 40 s 154 sch 1 pt 3 Page 296 Current as at 1 October 2014 Environmental Protection Regulation 2008 Endnotes Conditions to be considered for environmental management decisions s 52 amd 2009 SL No. 145 s 2 sch; 2013 SL No. 25 s 27 Prescribed standard criteria for environmental management decisions s 53A ins 2013 SL No. 25 s 28 Release of water or waste to land s 55 om 2013 SL No. 25 s 29 Release of water, other than stormwater, to surface water s 56 amd 2009 SL No. 145 s 2 sch; 2012 SL No. 41 s 4 om 2013 SL No. 25 s 29 Release of stormwater s 57 om 2013 SL No. 25 s 29 Release of water or waste to wetlands for treatment prov hdg amd 2011 SL No. 246 s 3(1) s 58 amd 2010 SL No. 76 s 4; 2011 SL No. 246 s 3; 2011 SL No. 246 s 3(2)–(3) Activity involving berthing, docking or mooring a boat s 59 om 2013 SL No. 25 s 29 Activity involving storing or moving bulk material s 60 om 2013 SL No. 25 s 29 Activity involving acid sulfate soil s 61 om 2013 SL No. 25 s 29 Activity involving acid-producing rock s 62 amd 2009 SL No. 145 s 2 sch om 2013 SL No. 25 s 29 Activity involving direct release of waste to groundwater s 63 amd 2011 SL No. 46 s 4 Activity involving indirect release of contaminants to groundwater s 64 om 2013 SL No. 25 s 29 Generating waste s 64A ins 2011 SL No. 231 s 49 sch 9 s 21 om 2013 SL No. 25 s 29 Transporting waste s 64B ins 2011 SL No. 231 s 49 sch 9 s 21 om 2013 SL No. 25 s 29 Receiving waste s 64C ins 2011 SL No. 231 s 49 sch 9 s 21 om 2013 SL No. 25 s 29 Activity involving the use or disposal of coal seam gas water s 64D ins 2012 SL No. 41 s 5 amd 2012 SL No. 253 s 4 om 2013 SL No. 25 s 29 Current as at 1 October 2014 Page 297 Environmental Protection Regulation 2008 Endnotes CHAPTER 5—MATTERS RELATING TO ENVIRONMENTAL MANAGEMENT AND ENVIRONMENTAL OFFENCES What is regulated waste s 65 amd 2013 SL No. 182 s 4 PART 1A—PUBLIC NOTICE FOR NOTIFYING ENVIRONMENTAL HARM pt 1A (s 65A) ins 2011 SL No. 248 s 5 Prescribed organisations for contaminated land matters—Act, ss 381, 395 and 410 s 66 om 2013 SL No. 25 s 30 PART 6—RECORD KEEPING REQUIREMENTS FOR PARTICULAR FUEL SUPPLIERS pt hdg amd 2009 SL No. 145 s 2 sch PART 7—WETLANDS pt 7 (s 81A) ins 2010 SL No. 76 s 5 PART 8—STATUTORY CONDITION FOR ENVIRONMENTAL AUTHORITY FOR PARTICULAR RESOURCE ACTIVITIES pt hdg ins 2011 SL No. 145 s 3 amd 2013 SL No. 25 s 31 Prescribed maximum amount for chemicals—Act, s 206 prov hdg amd 2013 SL No. 25 s 32(1) s 81B ins 2011 SL No. 145 s 3 amd 2013 SL No. 25 s 32(2)–(3) PART 9—WASTE TRACKING pt hdg ins 2014 SL No. 198 s 3 Division 1—Preliminary div 1 (ss 81C–81D) ins 2014 SL No. 198 s 3 Division 2—Prescribed matters for giving of information div 2 (ss 81E–81G) ins 2014 SL No. 198 s 3 Division 3—Obligations of waste handlers div hdg ins 2014 SL No. 198 s 3 Subdivision 1—Transportation within Queensland sdiv 1 (ss 81H–81L) ins 2014 SL No. 198 s 3 Subdivision 2—Transportation into Queensland sdiv 2 (ss 81M–81P) ins 2014 SL No. 198 s 3 Subdivision 3—Transportation out of Queensland sdiv 3 (ss 81Q–81T) ins 2014 SL No. 198 s 3 Division 4—Miscellaneous div 4 (ss 81U–81ZB) ins 2014 SL No. 198 s 3 CHAPTER 5A—WASTE MANAGEMENT BY LOCAL GOVERNMENTS ch hdg ins 2014 SL No. 198 s 3 exp 1 September 2016 (see s 81ZU) Page 298 Current as at 1 October 2014 Environmental Protection Regulation 2008 Endnotes PART 1—PRELIMINARY pt 1 (ss 81ZC–81ZE) ins 2014 SL No. 198 s 3 exp 1 September 2016 (see s 81ZU) PART 2—WASTE MANAGEMENT IN LOCAL GOVERNMENT AREAS pt hdg ins 2014 SL No. 198 s 3 exp 1 September 2016 (see s 81ZU) Division 1—Storage of general waste div 1 (ss 81ZF–81ZI) ins 2014 SL No. 198 s 3 exp 1 September 2016 (see s 81ZU) Division 2—Removal of general waste div 2 (ss 81ZJ–81ZK) ins 2014 SL No. 198 s 3 exp 1 September 2016 (see 81ZU) Division 3—Storage and treatment of industrial waste div 3 (ss 81ZL–81ZM) ins 2014 SL No. 198 s 3 exp 1 September 2016 (see s 81ZU) Division 4—Compliance notices div 4 (s 81ZN) ins 2014 SL No. 198 s 3 exp 1 September 2016 (see 81ZU) PART 3—RECEIVING AND DISPOSING OF WASTE pt 3 (ss 81ZO–81ZR) ins 2014 SL No. 198 s 3 exp 1 September 2016 (see 81ZU) PART 4—DEVOLUTION OF POWERS pt 4 (ss 81SZ–81ZT) ins 2014 SL No. 198 s 3 exp 1 September 2016 (see s 81ZU) PART 5—EXPIRY pt 5 (s 81ZU) ins 2014 SL No. 198 s 3 exp 1 September 2016 (see s 81ZU) Definitions for ch 6 s 83 def reporting threshold amd 2013 SL No. 25 s 33 Deciding claim for exemption on ground of commercial confidentiality s 96 amd 2009 Act No. 13 s 213 sch 5 CHAPTER 7—ADMINISTRATION Particular prescribed ERAs prov hdg amd 2013 SL No. 25 s 34(1) s 101 amd 2008 SL No. 439 s 4; 2009 SL No. 145 s 5; 2013 SL No. 25 s 34(2)–(5);

2013 SL No. 271 s 6 Devolution includes statutory instruments under Act s 102 amd 2010 SL No. 363 s 7 Record keeping for particular fuel suppliers s 104 prov hdg amd 2009 SL No. 145 s 2 sch Current as at 1 October 2014 Page 299 Environmental Protection Regulation 2008 Endnotes Particular acts, omissions or activities by State or local government entity prov hdg amd 2008 SL No. 439 s 5(1) s 106 amd 2008 SL No. 439 s 5(2); 2009 SL No. 145 s 6; 2013 Act No. 19 s 120 sch 1 Original decisions and dissatisfied persons s 110 amd SL No. 198 s 4 Register of environmental reports s 111 amd 2013 SL No. 25 s 35 Prescribed information—Act, s 540 s 112 sub 2013 SL No. 25 s 36 Register of transitional environmental programs s 113 amd 2013 SL No. 25 s 37 Register of environmental protection orders s 114 amd 2013 SL No. 25 s 38 PART 5—SUITABLY QUALIFIED PERSONS AND AUDITORS pt 5 (ss 115A–115C) ins 2013 SL No. 25 s 39 CHAPTER 8—FEES Fees payable under Act s 116 amd 2009 SL No. 145 s 7; 2013 SL No. 25 s 40 Recovery of unpaid amounts s 116A ins 2013 SL No. 25 s 41 Fees and discounts made by resolution or local law s 117 amd 2013 SL No. 25 s 42 PART 3—ANNUAL FEES Meaning of annual fee s 118 sub 2013 SL No. 25 s 43 Payment of annual fee for first year of environmental authority s 119 amd 2009 SL No. 145 s 8; 2011 SL No. 248 s 6 sub 2013 SL No. 25 s 44 Annual fee for environmental authority s 120 amd 2009 SL No. 145 s 2 sch; 2009 SL No. 304 s 6; 2010 SL No. 162 s 10;

2011 SL No. 135 s 10; 2012 SL No. 114 s 6 sub 2013 SL No. 25 s 45 amd 2013 SL No. 204 s 10; 2014 SL No. 134 s 5 Purpose of div 2 s 121 amd 2013 SL No. 25 s 46 Definitions for div 2 s 122 def appropriately qualified person om 2013 SL No. 25 s 47(1) def conformity assessment body ins 2009 SL No. 145 s 9(2) def JAS–ANZ ins 2009 SL No. 145 s 9(2) def prescribed environmental management sub 2009 SL No. 145 s 9 Page 300 Current as at 1 October 2014 Environmental Protection Regulation 2008 Endnotes def prescribed environmental management system sub 2012 SL No. 196 s 6;

2013 SL No. 25 s 47(2) def reduced annual fee amd 2013 SL No. 25 s 47(3) def relevant activity amd 2009 SL No. 145 s 2 sch om 2013 SL No. 25 s 47(1) def relevant authority om 2013 SL No. 25 s 47(1) What is an approved EMS s 123 amd 2013 SL No. 25 s 48 Who is an approved partner s 124 amd 2009 SL No. 145 s 2 sch; 2013 SL No. 25 s 49 What is a lower emissions score s 125 amd 2013 SL No. 25 s 50 Eligibility for payment of a reduced annual fee s 126 amd 2008 SL No. 439 s 6; 2013 SL No. 25 s 51; 2014 SL No. 134 s 6 What is the reduced annual fee s 127 amd 2013 SL No. 25 s 52; 2014 SL No. 134 s 7 Application of sdiv 3 s 128 amd 2013 SL No. 25 s 53 Offence to pay reduced annual fee if not eligible s 129 amd 2008 SL No. 439 s 7 Requirement to keep records for reduced annual fee s 130 sub 2008 SL No. 439 s 8 amd 2013 SL No. 25 s 54 Requirement to notify change of eligibility s 132 sub 2008 SL No. 439 s 9 When supplementary annual fee payable s 134 amd 2009 SL No. 145 s 2 sch; 2013 SL No. 25 s 55 When shortfall in fee for major amendment application payable s 135 prev s 135 om 2013 SL No. 25 s 56 pres s 135 ins 2014 SL No. 134 s 8 Refunding overpayment of fee for major amendment application s 136 prev s 136 om 2013 SL No. 25 s 56 pres s 136 ins 2014 SL No. 134 s 8 Division 4—Credits and refunds div hdg om 2013 SL No. 25 s 56 Refund of annual fee if replacement environmental authority issued s 137 om 2013 SL No. 25 s 56 Refund of annual fee if environmental authorities amalgamated s 137A ins 2011 SL No. 248 s 7 amd 2012 SL No. 196 s 7 Current as at 1 October 2014 Page 301 Environmental Protection Regulation 2008 Endnotes om 2013 SL No. 25 s 56 Fee for anniversary changeover application s 138 amd 2010 SL No. 162 s 11; 2011 SL No. 135 s 11; 2012 SL No. 114 s 7 sub 2013 SL No. 25 s 57 amd 2013 SL No. 204 s 11; 2014 SL No. 134 s 9 Fee for late payment of annual fee s 139 amd 2013 SL No. 25 s 58 PART 4A—PROVISION FOR REFUND OF EIS FEE pt hdg ins 2010 SL No. 363 s 8 om 2011 SL No. 248 s 8 Fee for termination of suspension of environmental authority s 140A prev s 140A ins 2010 SL No. 363 s 8 om 2011 SL No. 248 s 8 pres s 140A ins 2013 SL No. 25 s 59 PART 5—SPECIAL PROVISION FOR REGISTRATION CERTIFICATE FEES pt hdg om 2013 SL No. 25 s 60 Circumstances under which fee for registration certificate reduced or not payable s 141 amd 2009 SL No. 280 s 70 om 2013 SL No. 25 s 60 Administering authority exempt from fees for self-administered activities s 142 amd 2013 SL No. 25 s 61 Prescribed local government exempt from fees s 143 amd 2009 SL No. 145 s 10; 2011 SL No. 46 s 5; 2013 SL No. 25 s 62 Prescribed charitable institution exempt from fees s 144 amd 2009 SL No. 145 s 2 sch; 2013 SL No. 25 s 63 Exemption from payment of annual fee if relevant mining tenement not granted s 144A ins 2011 SL No. 248 s 9 om 2013 SL No. 25 s 64 Holders of particular environmental authorities exempt from annual fee s 144B ins 2011 SL No. 248 s 9 amd 2013 SL No. 25 s 65 PART 7—REFUND OF APPLICATION FEES pt hdg ins 2011 SL No. 248 s 10 Refund of application fee for particular environmental authority if application for relevant mining tenement refused s 144C ins 2011 SL No. 248 s 10 amd 2013 SL No. 25 s 66 CHAPTER 8A—MISCELLANEOUS ch 8A (s 144D) ins 2011 SL No. 246 s 4 Page 302 Current as at 1 October 2014 Environmental Protection Regulation 2008 Endnotes CHAPTER 9—REPEAL, TRANSITIONAL AND SAVINGS PROVISIONS PART 2—TRANSITIONAL AND SAVINGS PROVISIONS FOR SL No. 370 OF 2008 pt hdg sub 2010 SL No. 363 s 9 General matters for environmentally relevant activities s 147 amd 2008 SL No. 439 s 10; 2009 SL No. 145 s 11 Existing development approvals and registration certificates s 148 amd 2009 SL No. 145 s 12 Existing applications s 149 amd 2008 SL No. 439 s 11 Activities that are no longer environmentally relevant activities s 150 amd 2009 SL No. 145 s 13 Existing applications s 154 amd 2008 SL No. 439 s 12 PART 3—TRANSITIONAL PROVISIONS FOR MEMBERS OF QR GROUP pt hdg ins 2010 SL No. 363 s 10 Definitions for pt 3 prov hdg amd 2010 SL No. 363 s 11(1) s 160 prev s 160 om R1 (see RA s 40) pres s 160 ins 2010 Act No. 19 s 32 amd 2010 SL No. 363 s 11(2) def change of ownership amd 2010 SL No. 363 s 11(3) def commencement amd 2010 SL No. 363 s 11(4) Application of s 106 to member of QR Group during interim period s 161 ins 2010 Act No. 19 s 32 Application of s 106 to member of QR Group after change of ownership s 162 ins 2010 Act No. 19 s 32 PART 4—TRANSITIONAL PROVISION FOR ENVIRONMENTAL PROTECTION LEGISLATION AMENDMENT REGULATION (No. 1) 2010 pt 4 (s 163) ins 2010 SL No. 363 s 12 PART 5—TRANSITIONAL PROVISION FOR ENVIRONMENTAL PROTECTION AMENDMENT REGULATION (No. 1) 2011 pt 5 (s 164) ins 2011 SL No. 46 s 6 PART 6—TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AMENDMENT REGULATION (No. 4) 2011 pt 6 (ss 165–167) ins 2011 SL No. 248 s 11 PART 7—TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT REGULATION (No. 1) 2013 pt hdg ins 2013 SL No. 25 s 67 Current as at 1 October 2014 Page 303 Environmental Protection Regulation 2008 Endnotes Division 1—Fees div 1 (ss 168–169) ins 2013 SL No. 25 s 67 Division 2—Existing environmentally relevant activities div 2 (ss 170–173) ins 2013 SL No. 25 s 67 PART 8—TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AMENDMENT REGULATION (NO. 2) 2013 pt 8 (ss 174–175) ins 2013 SL No. 271 s 7 PART 9—TRANSITIONAL PROVISION FOR ENVIRONMENT LEGISLATION AMENDMENT AND REPEAL REGULATION (NO. 1) 2014 pt 9 (s 176) ins 2014 SL No. 198 s 5 CHAPTER 10—TRANSITIONAL PROVISIONS FOR MEMBERS OF QR GROUP ch hdg orig ch 10 hdg om R1 (see RA s 7(1)(k)) prev ch 10 hdg ins 2010 Act No. 19 s 32 om 2010 SL No. 363 s 10

SCHEDULE 1—MATTERS TO BE ADDRESSED BY ASSESSMENT UNDER EIS amd 2009 SL No. 280 s 71; 2014 SL No. 57 s 5

SCHEDULE 2—PRESCRIBED ERAS AND AGGREGATE ENVIRONMENTAL SCORES sch hdg amd 2013 SL No. 25 s 68(1) Aquaculture s1 amd 2013 SL No. 25 s 68(2) Intensive animal feedlotting s2 amd 2013 SL No. 25 s 68(3)–(5); 2013 SL No. 182 s 5(1)–(3) Pig keeping s3 amd 2013 SL No. 25 s 68(6)–(7); 2013 SL No. 182 s 5(4)–(5) Poultry farming s4 amd 2013 SL No. 25 s 68(8) Alcohol production s5 amd 2013 SL No. 25 s 68(9) Asphalt manufacturing s6 sub 2013 SL No. 25 s 68(10) amd 2013 SL No. 182 s 5(6) Chemical manufacturing s7 amd 2011 SL No. 248 s 12; 2013 SL No. 25 s 68(11) Chemical storage s8 amd 2010 SL No. 363 s 13(1); 2011 SL No. 46 s 7; 2013 SL No. 25 s 68(12)–(16); 2013 SL No. 182 s 5(7) Hydrocarbon gas refining s9 amd 2013 SL No. 25 s 68(17)–(18) Page 304 Current as at 1 October 2014 Environmental Protection Regulation 2008 Endnotes Gas producing s 10 amd 2013 SL No. 25 s 68(19); 2013 SL No. 182 s 5(8)–(9) Oil refining or processing s 11 amd 2013 SL No. 25 s 68(20) Plastic product manufacturing s 12 amd 2013 SL No. 25 s 68(21) Tyre manufacturing or retreading s 13 amd 2013 SL No. 25 s 68(22) Electricity generation s 14 amd 2013 SL No. 25 s 68(23) Fuel burning s 15 amd 2013 SL No. 25 s 68(24) Extractive and screening activities s 16 amd 2008 SL No. 439 s 13(1); 2009 SL No. 145 s 14(1)–(7); 2013 SL No. 25 s 68(25)–(34); 2013 SL No. 83 s 6(1); 2014 Act No. 40 s 154 sch 1 pt 3 Abrasive blasting s 17 om 2013 SL No. 25 s 68(35) Boilermaking or engineering s 18 om 2013 SL No. 25 s 68(36) Metal forming s 19 amd 2013 SL No. 25 s 68(37)–(39) Metal recovery s 20 amd 2013 SL No. 25 s 68(40) Motor vehicle workshop operation s 21 amd 2009 SL No. 145 s 2 sch; 2009 SL No. 304 s 7(1) om 2013 SL No. 25 s 68(41) Edible oil manufacturing or processing s 24 amd 2013 SL No. 25 s 68(42) Meat processing s 25 amd 2013 SL No. 25 s 68(43) Sugar milling or refining s 28 amd 2013 SL No. 25 s 68(44) Metal foundry operation s 29 amd 2013 SL No. 25 s 68(45) Metal smelting and refining s 30 amd 2013 SL No. 25 s 68(46) Mineral processing s 31 amd 2013 SL No. 25 s 68(47) Current as at 1 October 2014 Page 305 Environmental Protection Regulation 2008 Endnotes Battery manufacturing s 32 amd 2013 SL No. 25 s 68(48) Crushing, milling, grinding or screening s 33 amd 2009 SL No. 145 s 14(8); 2013 SL No. 25 s 68(49) Mushroom growing substrate manufacture s 34 om 2013 SL No. 25 s 68(50) Plaster manufacturing s 35 amd 2013 SL No. 25 s 68(51) Pulp or paper manufacturing s 36 amd 2013 SL No. 25 s 68(52) Printing s 37 om 2013 SL No. 25 s 68(53) Surface coating s 38 amd 2009 SL No. 145 s 14(9)–(10); 2013 SL No. 25 s 68(54)–(56); 2013 SL No. 182 s 5(10) Tanning s 39 amd 2013 SL No. 25 s 68(57) Textile manufacturing s 40 amd 2013 SL No. 25 s 68(58) Cement manufacturing s 41 amd 2013 SL No. 25 s 68(59) Clay or ceramic products manufacturing s 42 amd 2013 SL No. 25 s 68(60) Concrete batching s 43 amd 2013 SL No. 25 s 68(61) Glass or glass fibre manufacturing s 44 amd 2013 SL No. 25 s 68(62) Mineral wool or ceramic fibre manufacturing s 45 amd 2013 SL No. 25 s 68(63) Chemically treating timber s 46 amd 2013 SL No. 25 s 68(64) PART 10—SAWMILLING, WOODCHIPPING, AND TIMBER AND LAMINATED PRODUCT MANUFACTURING pt hdg amd 2013 SL No. 182 s 5(11) Timber milling and woodchipping s 47 amd 2013 SL No. 25 s 68(65) Timber and laminated product fabrication prov hdg sub 2013 SL No. 25 s 68(66) Page 306 Current as at 1 October 2014 Environmental Protection Regulation 2008 Endnotes s 48 amd 2008 SL No. 439 s 13(2); 2009 SL No. 145 s 14(11)–(12); 2013 SL No. 25 s 68(67)–(70); 2013 SL No. 182 s 5(12)–(14) Boat maintenance or repair s 49 amd 2013 SL No. 25 s 68(71)–(72); 2013 SL No. 83 s 6(2) Bulk material handling s 50 amd 2008 SL No. 439 s 13(3); 2009 SL No. 145 s 14(13); 2010 Act No. 19 s 33; 2013 SL No. 25 s 68(73)–(74) Road tunnel ventilation stack operation s 51 amd 2013 SL No. 25 s 68(75)–(77) Battery recycling s 52 amd 2013 SL No. 25 s 68(78) Composting and soil conditioner manufacturing s 53 amd 2009 SL No. 145 s 14(14); 2013 SL No. 25 s 68(79) Drum and container reconditioning s 54 om 2013 SL No. 25 s 68(80) Regulated waste recycling or reprocessing s 55 amd 2009 SL No. 304 s 7(2); 2013 SL No. 25 s 68(81)–(84) Regulated waste storage s 56 amd 2009 SL No. 304 s 7(3)–(4); 2013 SL No. 25 s 68(85)–(88); 2013 SL No. 182 s 5(15)–(18); 2014 SL No. 198 s 6 Regulated waste transport s 57 amd 2009 SL No. 304 s 7(5)–(6) Regulated waste treatment s 58 amd 2013 SL No. 25 s 68(89)–(90) Waste disposal s 60 amd 2009 SL No. 145 s 14(15); 2013 SL No. 25 s 68(91) Waste incineration and thermal treatment s 61 amd 2009 SL No. 145 s 14(16); 2013 SL No. 25 s 68(92)–(93) Waste transfer station operation s 62 amd 2008 SL No. 439 s 13(4); 2009 SL No. 145 s 14(17)–(18); 2013 SL No. 25 s 68(94) Sewage treatment s 63 amd 2009 SL No. 145 s 14(19); 2010 SL No. 363 s 13(2); 2013 SL No. 25 s 68(95)–(96) Water treatment s 64 amd 2009 SL No. 304 s 7(7)–(8); 2013 SL No. 25 s 68(97)

SCHEDULE 2A—AGGREGATE ENVIRONMENTAL SCORES FOR PARTICULAR RESOURCE ACTIVITIES ins 2013 SL No. 25 s 69 Current as at 1 October 2014 Page 307 Environmental Protection Regulation 2008 Endnotes amd 2013 SL No. 182 s 6; 2014 SL No. 134 s 10

SCHEDULE 2B—DESIGNATED ENVIRONMENTAL AREAS— AGRICULTURAL RESEARCH FACILITIES ins 2013 SL No. 271 s 8

SCHEDULE 2C—PRESCRIBED CONDITIONS FOR SMALL SCALE MINING ACTIVITIES ins 2013 SL No. 271 s 8

SCHEDULE 2D—RATES OF FINANCIAL ASSURANCE ins 2013 SL No. 271 s 8

SCHEDULE 2E—TRACKABLE WASTE AND WASTE CODES ins 2014 SL No. 198 s 7

SCHEDULE 2F—PRESCRIBED INFORMATION FOR WASTE TRACKING ins 2014 SL No. 198 s 7

SCHEDULE 2G—NATIONAL ENVIRONMENT PROTECTION (MOVEMENT OF CONTROLLED WASTE BETWEEN STATES AND TERRITORIES) MEASURE, SCHEDULE A, LIST 2 ins 2014 SL No. 198 s 7

SCHEDULE 2H—DISPOSAL AND TREATMENT CODES FOR WASTE TRACKING ins 2014 SL No. 198 s 7

SCHEDULE 3—CONTINUED CODES OF ENVIRONMENTAL COMPLIANCE— ACT, s 707A amd 2009 SL No. 145 s 2 sch; 2009 SL No. 304 s 8; 2010 SL No. 328 s 3; 2011 SL No. 80 s 3; 2012 SL No. 196 s 8 sub 2013 SL No. 25 s 70 amd 2013 SL No. 271 s 9

SCHEDULE 3A—PRESCRIBED ELIGIBILITY CRITERIA FOR MINING ACTIVITIES sch hdg ins 2013 SL No. 25 s 71 Eligibility criteria for all mining activities s1 ins 2013 SL No. 25 s 71 amd 2014 Act No. 40 s 154 sch 1 pt 3 Eligibility criteria for a mining activity other than a mining activity relating to a mining lease s2 ins 2013 SL No. 25 s 71 Eligibility criteria for mining activities relating to a mining lease s3 ins 2013 SL No. 25 s 71

SCHEDULE 3B—APPROVED ELIGIBILITY CRITERIA FOR ENVIRONMENTALLY RELEVANT ACTIVITIES ins 2013 SL No. 83 s 7 amd 2013 SL No. 271 s 10 Page 308 Current as at 1 October 2014 Environmental Protection Regulation 2008 Endnotes

SCHEDULE 4—SCHEDULED AREAS amd 2009 SL No. 145 s 2 sch; 2010 SL No. 13 s 5

SCHEDULE 5—ENVIRONMENTAL OBJECTIVE ASSESSMENT sch hdg amd 2009 SL No. 145 s 15(1) sch 5 amd 2009 SL No. 145 s 15(2)–(3) sub 2013 SL No. 25 s 72 amd 2013 SL No. 182 s 7; 2013 SL No. 271 s 11

SCHEDULE 6—AGGREGATE ENVIRONMENTAL SCORES FOR LEVEL 1 MINING PROJECTS om 2013 SL No. 25 s 72

SCHEDULE 7—REGULATED WASTE AND WASTE THAT IS NOT REGULATED WASTE amd 2009 SL No. 145 s 2 sch; 2011 SL No. 231 s 49 sch 9 s 22 sub 2013 SL No. 182 s 8 amd 2014 SL No. 198 s 8

SCHEDULE 8—PRESCRIBED ORGANISATIONS sch hdg amd 2013 SL No. 25 s 73

SCHEDULE 8A—OTHER LOCAL GOVERNMENTS ins 2013 SL No. 271 s 12

SCHEDULE 9—PRESCRIBED WATER CONTAMINANTS amd 2009 SL No. 145 s 2 sch

SCHEDULE 10—FEES amd 2009 SL No. 145 s 16; 2009 SL No. 280 s 72; 2010 SL No. 76 s 6 sub 2010 SL No. 162 s 12 amd 2010 SL No. 363 s 14 sub 2011 SL No. 135 s 12 amd 2011 SL No. 246 s 5; 2011 SL No. 248 s 13 sub 2012 SL No. 114 s 8 amd 2013 SL No. 25 s 74; 2013 SL No. 83 s 8 sub 2013 SL No. 204 s 12 amd 2013 SL No. 271 s 13 sub 2014 SL No. 134 s 11

SCHEDULE 11—PRESCRIBED ENVIRONMENTAL MANAGEMENT SYSTEMS orig sch 11 om R1 (see RA s 40) prev sch 11 ins 2012 SL No. 196 s 9 om 2013 SL No. 25 s 75

SCHEDULE 12—DICTIONARY PART 1—EXTENDED DEFINITIONS Meaning of category A environmentally sensitive area s1 sub 2013 SL No. 25 s 76(2) amd 2014 SL No. 35 s 4(1)–(3) Meaning of category B environmentally sensitive area s2 ins 2013 SL No. 25 s 76(2) Current as at 1 October 2014 Page 309 Environmental Protection Regulation 2008 Endnotes amd 2014 SL No. 35 s 4(4)–(5); 2014 SL No. 134 s 12 Meaning and calculation of equivalent passenger unit s3 ins 2013 SL No. 25 s 76(2) Meaning of significantly disturbed land s4 ins 2013 SL No. 25 s 76(2) Meaning and calculation of standard cattle unit s5 (prev s 2) renum 2013 SL No. 25 s 76(1) Meaning and calculation of standard pig unit s6 (prev s 3) renum 2013 SL No. 25 s 76(1) Meaning and calculation of standard sheep unit s7 (prev s 4) renum 2013 SL No. 25 s 76(1) Meaning of watercourse s8 (prev s 5) renum 2013 SL No. 25 s 76(1) PART 2—OTHER DEFINITIONS def AES ins 2009 SL No. 145 s 17(2) def aggregate environmental score amd 2009 SL No. 145 s 2 sch sub 2013 SL No. 25 s 76(5) def alluvial mining ins 2010 SL No. 363 s 15(2) sub 2013 SL No. 25 s 76(6) def appropriately qualified person om 2013 SL No. 25 s 76(3) def animal waste ins 2014 SL No. 198 s 9(2) def annual fee sub 2013 SL No. 25 s 76(7) def bed sub 2009 SL No. 145 s 17(1)–(2) def biological integrity ins 2010 SL No. 76 s 7 sub 2012 SL No. 41 s 6(1)–(2) def category A environmentally sensitive area sub 2010 SL No. 363 s 15(1)–(2) om 2013 SL No. 25 s 76(3) def category B environmentally sensitive area sub 2010 SL No. 363 s 15(1)–(2) om 2013 SL No. 25 s 76(3) def certificate number om 2013 SL No. 25 s 76(3) def change of ownership ins 2010 Act No. 19 s 34 amd 2010 SL No. 363 s 15(3) def clay pit mining ins 2010 SL No. 363 s 15(2) sub 2013 SL No. 25 s 76(8) def clinical waste sub 2014 SL No. 198 s 9 def coal seam gas ins 2012 SL No. 41 s 6(2) om 2013 SL No. 25 s 76(3) def coal seam gas water ins 2012 SL No. 41 s 6(2) def coal seam gas water management policy amd 2012 SL No. 253 s 5 def coal seam gas water management system ins 2012 SL No. 41 s 6(2) def commencement ins 2010 Act No. 19 s 34 amd 2010 SL No. 363 s 15(3) Page 310 Current as at 1 October 2014 Environmental Protection Regulation 2008 Endnotes def commercial premises ins 2014 SL No. 198 s 9(2) def commercial waste om 2013 SL No. 25 s 76(3) ins 2013 SL No. 182 s 9 sub 2014 SL No. 198 s 9 def concurrence ERA ins 2013 SL No. 204 s 13(2) def conformity assessment body ins 2009 SL No. 145 s 17(2) def consignment number ins 2014 SL No. 198 s 9(2) def cytotoxic drug ins 2014 SL No. 198 s 9(2) def dangerous goods ins 2011 SL No. 46 s 8 def dimension stone mining ins 2010 SL No. 363 s 15(2) sub 2011 SL No. 248 s 14 def disposal code ins 2014 SL No. 198 s 9(2) def domestic clean-up waste ins 2014 SL No. 198 s 9(2) def domestic premises ins 2014 SL No. 198 s 9(2) def domestic waste ins 2014 SL No. 198 s 9(2) def eligibility ERA ins 2013 SL No. 25 s 76(4) om 2013 SL No. 83 s 9(1) def environmentally significant characteristic ins 2014 SL No. 198 s 9(2) def environmental objective assessment ins 2013 SL No. 25 s 76(4) def EP or equivalent person om 2013 SL No. 25 s 76(3) def floodwater ins 2009 SL No. 145 s 17(2) def general waste, 2nd mention, ins 2014 SL No. 198 s 9(2) def generator ins 2014 SL No. 198 s 9(2) def generator identification number ins 2014 SL No. 198 s 9(2) def Great Barrier Reef wetland protection area ins 2010 SL No. 76 s 7 om 2011 SL No. 246 s 6(1) def green waste ins 2014 SL No. 198 s 9(2) def hard rock mining ins 2010 SL No. 363 s 15(2) sub 2013 SL No. 25 s 76(9) def human body parts ins 2014 SL No. 198 s 9(2) def human tissue waste ins 2014 SL No. 198 s 9(2) def industrial waste sub 2014 SL No. 198 s 9 def ineligible ERA ins 2013 SL No. 25 s 76(4) om 2013 SL No. 83 s 9(1) def interceptor ins 2014 SL No. 198 s 9(2) def interceptor waste ins 2014 SL No. 198 s 9(2) def interim period ins 2010 Act No. 19 s 34 amd 2010 SL No. 363 s 15(3) def JAS-ANZ ins 2009 SL No. 145 s 17(2) def limited regulated waste amd 2009 SL No. 145 s 17(3)–(5) def manufacturing process ins 2014 SL No. 198 s 9(2) def Map of referable wetlands ins 2011 SL No. 246 s 6(2) def matters of national environmental significance ins 2014 SL No. 57 s 6(1) def MCW NEPM ins 2014 SL No. 198 s 9(2) def member of QR Group ins 2010 Act No. 19 s 34 amd 2010 SL No. 363 s 15(3) def monitoring amd 2013 SL No. 25 s 76(10) def naturally occurring surface waters ins 2013 SL No. 83 s 9(2) Current as at 1 October 2014 Page 311 Environmental Protection Regulation 2008 Endnotes def non-urban purposes ins 2010 SL No. 76 s 7 om 2013 SL No. 204 s 13(1) def opal mining ins 2010 SL No. 363 s 15(2) sub 2013 SL No. 25 s 76(11) def packing group designator ins 2014 SL No. 198 s 9(2) def pharmaceutical product ins 2014 SL No. 198 s 9(2) def prescribed form ins 2014 SL No. 198 s 9(2) def prescribed information ins 2014 SL No. 198 s 9(2) def prescribed time ins 2014 SL No. 198 s 9(2) def prescribed way ins 2014 SL No. 198 s 9(2) def product stewardship ins 2014 SL No. 198 s 9(2) def project site ins 2013 SL No. 25 s 76(4) def QR Limited ins 2010 Act No. 19 s 34 amd 2010 SL No. 363 s 15(3) def Queensland planning provisions ins 2013 SL No. 25 s 76(4) def radioactive substance ins 2014 SL No. 198 s 9(2) def receiver ins 2014 SL No. 198 s 9(2) def recyclable interceptor waste ins 2014 SL No. 198 s 9(2) def recyclable waste ins 2014 SL No. 198 s 9(2) def registration number ins 2014 SL No. 198 s 9(2) def related body corporate ins 2010 Act No. 19 s 34 amd 2010 SL No. 363 s 15(3) def related waste ins 2014 SL No. 198 s 9(2) def relevant activity om 2013 SL No. 25 s 76(3) def relevant authority om 2013 SL No. 25 s 76(3) def relevant impacts sub 2014 SL No. 57 s 6 def relevant premises ins 2014 SL No. 198 s 9(2) def riverine area ins 2010 SL No. 363 s 15(2) sub 2013 SL No. 25 s 76(12) def sensitive land use ins 2013 SL No. 25 s 76(4) def sensitive receptor ins 2013 SL No. 25 s 76(4) def serviced premises ins 2014 SL No. 198 s 9(2) def shallow pit mining ins 2010 SL No. 363 s 15(2) sub 2013 SL No. 25 s 76(13) def sharp ins 2014 SL No. 198 s 9(2) def significantly disturbed ins 2010 SL No. 363 s 15(2) om 2013 SL No. 25 s 76(3) def standard general waste container ins 2014 SL No. 198 s 9(2) def stated threshold amd 2013 SL No. 25 s 76(14) def storing ins 2011 SL No. 46 s 8 def subsidiary risk ins 2014 SL No. 198 s 9(2) def trackable waste ins 2014 SL No. 198 s 9(2) def trade waste approval om 2009 SL No. 304 s 9 def transporter ins 2014 SL No. 198 s 9(2) def Treasurer ins 2010 Act No. 19 s 34 amd 2010 SL No. 363 s 15(3) def treatment code ins 2014 SL No. 198 s 9(2) def urban purposes ins 2010 SL No. 76 s 7 Page 312 Current as at 1 October 2014 Environmental Protection Regulation 2008 Endnotes om 2013 SL No. 204 s 13(1) def unique identifier ins 2014 SL No. 198 s 9(2) def UN number ins 2014 SL No. 198 s 9(2) def waste and resource management hierarchy ins 2011 SL No. 231 s 49 sch 9 s 23 def waste and resource management principles ins 2011 SL No. 231 s 49 sch 9 s 23 def waste code ins 2014 SL No. 198 s 9(2) def waste facility ins 2014 SL No. 198 s 9(2) def waste handler ins 2014 SL No. 198 s 9(2) def Waste Management Regulation om 2014 SL No. 198 s 9(1) def waste reduction and recycling plan ins 2011 SL No. 231 s 49 sch 9 s 23 def watercourse amd 2013 SL No. 83 s 9(3) def wetland ins 2010 SL No. 76 s 7 sub 2011 SL No. 246 s 6 def wetland management area ins 2011 SL No. 246 s 6(2) def wetland protection area ins 2011 SL No. 246 s 6(2) def year om 2013 SL No. 25 s 76(3) 6 Information about retrospectivity Retrospective amendments that have been consolidated are noted in the list of legislation and list of annotations. Any retrospective amendment that has not been consolidated is noted in an editor’s note to the text. © State of Queensland 2014 Authorised by the Parliamentary Counsel Current as at 1 October 2014 Page 313