The Queensland Government on 1 March 2013 approved significant
changes to the Environmental Protection Regulation 2008
(Regulation). The most important feature is the
deletion of 20 environmentally relevant activity
(ERA) thresholds. What this means is that small to
medium sized business operations, such as motor vehicle workshops,
will no longer need to apply for an environmental approval from the
state government to operate.
Deletion of 20 ERA thresholds prescribed under the
The Environmental Protection and Other Legislation Amendment
Regulation (No. 1) 2013 No. 25 will take effect on 31 March
2013 to align with and give effect to the Environmental
Protection (Greentape Reduction) and Other Legislation Amendment
Act 2012 that will also take effect on 31 March 2013.
It is envisaged that guidance documents and codes of practice
will be created for those 20 ERAs that have been deleted. These
codes of practice will be developed in consultation with both the
industry and local governments. The codes are intended to provide
certainty as to the environmental standards that affected
businesses are to meet despite there no longer being a requirement
to obtain approval.
Those businesses that no longer require an ERA to operate will
still need to comply with the general environmental duty and other
requirements under the Environmental Protection Act 1994, such as
not causing an environmental nuisance.
What this means for you
New operators will no longer need to pay an application fee,
obtain a registration certificate or pay annual fees. Businesses
such as small asphalt manufacturers, feedlots (of up to 150
standard cattle units of cattle or up to 1000 standard sheep units
of sheep), small petrol stations and small fuel depots, welders and
steel workers and motor vehicle repair shops (including spray
painting, body panel work and garages) will all benefit from the
changes. For these types of small to medium sized business
operators (among others) an environmental approval will no longer
be needed to operate.
Click here to view the full list of the 20 ERA thresholds that
have been deleted.
If you have recently lodged a development application involving
an ERA, or you are considering lodging one, and you are unsure
about how the changes will affect the application process, you
should seek legal advice.
Winner – EOWA Employer of Choice for Women Citation 2009,
2010, 2011 and 2012
Winner – ALB Gold Employer of Choice 2011 and 2012
Finalist – ALB Australasian Law Awards 2008, 2010, 2011 and
2012 (Best Brisbane Firm)
Winner – BRW Client Choice Awards 2009 and 2010 - Best
Australian Law Firm (revenue less than $50m)
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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.
Because of the high costs, royal commissions should only be convened to address issues of substantial public importance.
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).