Environmental Protection Act 1994 – 6 December 2016
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)
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 searches [including contaminated land search]
Waste tracking obligations [Queensland Government: Business and Industry Portal]
Victoria: Environmental Justice Australia
Podcast – Global Law Program
Suggested further reading
- Antarctica in International Law (2015)
- Australian Environmental Law: Norms, Principles & Rules, 3rd Edition (2014)
- Environmental Impact Assessment in Australia – 6th Edition (2014)
- Environmental Law in Australia, 8th Edition (2013)
- Environmental Management – 2nd Edition (2011)
- Australian Master Environment Guide (2010)
- Environmental Decision-Making (2009)
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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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