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Environmental Protection Act 1994 – 6 December 2016

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Environmental Protection Act 1994 – 6 December 2016

Environmental Protection (Air) Policy 2008 – 9 November 2012

Environmental Protection (Noise) Policy 2008 – 1 January 2012

Environmental  Protection Regulation 2008 – 23 September 2016

Environmental Protection (Water) Policy 2009 – 6 December 2016

Quick to view summary

Where there is a requirement for a project to have an Environmental Impact Statement, Part 1 of Chapter 3 of this Act applies.

  • Sections 37, 40, 41, 67

An entity is to generally apply for 1) registration as a suitable operator and 2) an environmental authority both from the Government prior to carrying out mining, drilling and other prescribed activities (see Schedule 2 of the Environmental Protection Regulation 2008 for the list of prescribed activities).

  • Sections 7, 18, 19, 19A, 75, 106, 107, 112, 114, 115, 116, 118, 120, 121, 122, 124, 125, 173, 203, 204, 205, 207, 285, 286, 287, 288, 290, 291, 292, 294, 308, 318F, 318H, 318J, 318W, 318X, 426, Schedule 4; Regulation 17 and Schedule 2 of the Environmental Protection Regulation 2008

A person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm.

  • Sections 24, 319

There is a duty to report serious or material environmental harm to the Government.

  • Sections 7, 16, 17, 320A, 320B, 320C, 320D, 320E, 320DA, Schedules 3, 4

If contaminated land is available for lease or sale, prior notice of contamination must be given to any proposed lessee or purchaser.

  • Sections 407, 408

A person must generally not carry out building work making noise on a business day or Saturday before 6.30am or after 6.30pm, or on any other day, at any time.  This is the default position which can be overridden by local council noise standards. Note: A business day does not include any day during the period 20 December – 5 January.

  • Sections 7, 319, 440O, 440P, 440Q, 440R, 493A, Schedule 4

A person must generally not operate noise making devices on a business day or Saturday before 7.00am or after 7.00pm, or on any other day, before 8.00am or after 7.00pm. This is the default position which can be overridden by local council noise standards. Note: A business day does not include any day during the period 20 December – 5 January.

  • Sections 7, 319, 440O, 440P, 440Q, 440S, 493A, Schedule 4

The occupier of an indoor venue or open-air event must generally ensure music is playing less loudly at 10pm and is turned off at midnight. This is the default position which can be overridden by local council noise standards.

  • Sections 319, 440O, 440P, 440Q, 440W, 440X, 493A

A person must not deposit soil or other prescribed contaminant next to roadside gutters or stormwater drains.

  • Sections 319, 440ZD, 440ZF, 440ZG, 493A; Regulation 77 and Schedule 9 of the Environmental Protection Regulation 2008

A person may apply in the approved form to the Government to become an auditor approved to conduct environmental audits and to evaluate various reports and plans required by this Act.

  • Sections 567, 568, 569, 570, 574C; Regulation 115C of the Environmental Protection Regulation 2008

The owner or occupier of relevant premises in a local government area must 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. Other requirements may apply upon the requirement of the local government and can be found listed in regulation 81ZI of the Environmental Protection Regulation 2008.

  • Regulations 81ZC, 81ZF, 81ZI, 81ZU of the Environmental Protection Regulation 2008

The occupier of relevant premises must keep each waste container at the relevant premises clean and in good repair; and 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.

  • Regulations 81ZC, 81ZG, 81ZU of the Environmental Protection Regulation 2008

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; (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.

  • Regulations 81ZC, 81ZJ, 81ZU of the Environmental Protection Regulation 2008

A person must not interfere with waste at, or remove waste from a waste facility without the consent of a waste facility’s owner or operator.

  • Regulations 81ZC, 81ZQ, 81ZU of the Environmental Protection Regulation 2008
Reason for law

To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends. (Section 3)

Relevant links

Environment management [Department of Environment and Heritage Protection]

Environmentally relevant activities – Prescribed [Department of Environment and Heritage Protection]

Forms and fees for environmental authorities [Queensland Government: Business and Industry Portal]

Suitable operator register [including application form to register as suitable operator]

Environmental authorities register

Current environmental authority applications

Public notices: EIS applications

Environmental searches [including contaminated land search]

Permits for removal and disposal of contaminated soil

Waste tracking obligations [Queensland Government: Business and Industry Portal]

Forms and Guidelines – Management of regulated wastes

Purchase waste tracking certificates

Noise Measurement Manual

Auditors – Contaminated Land

Environmental Defender’s Office

Wildlife Preservation Society of Qld

Australian Conservation Foundation

The Wilderness Society

Boomerang Alliance

Cement Concrete & Aggregates Australia

The Institute of Quarrying Australia

Environment Institute of Australian and New Zealand Inc.

Clean Air Society of Australia and New Zealand

Australian Marine Conservation Society

Reverse Garbage Queensland

Queensland Environmental Law Association (QELA)

The Climate Institute

The Climate Council

Earthtrade

Greening Australia

Environment Levy Landholder Grants [Sunshine Coast Council]

Jubilee Australia

Mineral Policy Institute

Healthy Waterways

International Society for Reef Studies

Sunshine Coast Environment Network

Australian Earth Laws Alliance (AELA)

National Environmental Law Association

Victoria: Environmental Justice Australia

Australian Rivers Institute [Griffith University]

Australasian Bat Society

National Parks Association of Queensland Inc (NPAQ)

Container Deposit Scheme Advisory Group [Department of Environment and Heritage Protection]

Intergovernmental Oceanographic Commission of UNESCO

International Energy Agency

Earth Charter – Australia
The Earth Charter

The Earth League

United Nations Environment Programme (UNEP)

Global Environment Facility (GEF)

Intergovernmental Panel on Climate Change (IPCC)

International Union for Conservation of Nature (IUCN)

Sea Life Trust

Australian Antarctic Division [Commonwealth Government]

Media article

Politics for the planet: why nature and wildlife need their own seats at the UN

Vessel-Source Air Pollution Remains Global ‘Blindspot’

It’s time to speak up about noise pollution in the oceans

Cleaning up runoff onto the Great Barrier Reef: how art and science are inspiring farmers to help

What the World Would Look Like if All the Ice Melted

Three rivers are now legally people – but that’s just the start of looking after them

Media release

Container deposit scheme for Queensland [Queensland Government] – 22.07.2016

Critique

N/A

Podcast – Global Law Program

Interview with Gemma Plesman-Environmental Campaigner – Global Law Program 19 20160114

Suggested further reading

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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