Further to our update
in August on the Environmental Protection (Greentape Reduction)
and Other Legislation Amendment Act 2012 (Qld) amendments to
the Environmental Protection Act 1994 (Qld) (EP Act), the
Department of Environment and Heritage Protection (DEHP) has
released the proposed changes to the Environmental Protection
Regulation 2008 (Qld) (EP Reg) as part of the Greentape Reduction
Project. These changes can be found in detail here.
There are three key initiatives which form the basis of the
changes. These are:
Removing 29 Environmentally Relevant Activities from the EP
Reg. These activities have all been identified by the DEHP as
'low risk' when assessed against considerations such as
amenity issues, potential water contaminants and whether the
general environmental duty is sufficient to control the ERA. It is
said that deleting some of these activities will bring Queensland
into line with other states, which currently do not regulate
low-risk activities such as motor vehicle workshops. The DEHP has
advised it will create materials, such as codes, to continue the
environmental management should the proposed activities be removed
from the regulation.
Halving the fee for small sewage treatment plants. As these
treatment plants are generally found in small tourist
establishments, the DEHP states this will assist businesses such as
caravan parks, which may be struggling in the current economic
Setting new fees for the new applications types in the amended
EP Act. The DEHP proposes to set the fees to achieve cost recovery
only on new applications types such as for amalgamated authorities,
auditor applications and conversion applications.
The positive outcomes of these changes to businesses are savings
in time and money through reduced regulation. The DEHP highlights
this by noting approximately 10,000 current permit holders will no
longer require permits (although the DEHP laments an expected loss
of $6.77 million in revenue to government).
There is little information provided on the potential
environmental impacts of the deregulation.
The DEHP is seeking feedback on the abovementioned changes.
Submissions must be made in writing to the DEHP by 5:00 pm on 26
This publication is intended as a general overview and
discussion of the subjects dealt with. It is not intended to be,
and should not used as, a substitute for taking legal advice in any
specific situation. DLA Piper Australia will accept no
responsibility for any actions taken or not taken on the basis of
DLA Piper Australia is part of DLA Piper, a global law firm,
operating through various separate and distinct legal entities. For
further information, please refer to www.dlapiper.com
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
This legal update is an overview of existing eligible project activities and new project types proposed to be developed.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).