Introduction
The Queensland Government has released a consultation paper on significant proposed reforms to the Environmental Protection Act 1994 (EP Act) and Water Act 2000. The proposed changes are likely to affect anyone involved in industries regulated by an environmental authority and cover 5 key regulatory areas.
1. Environmentally relevant activities
(a) A program over the coming years to replace the requirement to obtain an environmental authority (EA) for some 'low risk' environmentally relevant activities (ERAs) with the requirement to act under mandatory codes of practice. The proposal:
(i) will commence with low-risk resource activities such as exploration, and progress to consider other ERAs – including small sewerage and water treatment plants and the threshold triggers for extractive activities and waste disposal
(ii) could include removal of associated financial provisioning and assurance requirements, but not the removal of suitable operator registration and fee requirements.
(b) Introducing a common EA conditioning schedule for 'administrative' type conditions, such as for monitoring and reporting, record keeping and complaint response requirements. The proposal would apply to all EA application types and not provide an ability to seek a change or negotiate these conditions.
(c) Codifying what is meant by 'best practice environmental management' in applying the criteria for granting an EA (and other EP Act decisions).
(d) Reform to the process and criteria for declaring ERAs from time to time.
2. State environmental priorities
Consolidating the State's key environmental priorities under the EP Act under new 'State Environmental Protection Priorities', including:
(a) matters of state environmental significance (e.g. declared fish habitats, regional ecosystems, threatened species and wetlands)
(b) environmental values under relevant Environmental Protection Policies (air, water and noise)
(c) environmentally sensitive areas categories.
3. Progressive rehabilitation
(a) Amending the section 431A offence provision to simply apply when an EA holder does not also hold a progressive rehabilitation closure plan (PRCP) schedule, rather than operating as a prohibition on carrying out mining activities. The proposal will also allow the Department to issue enforcement orders requiring progressing rehabilitation to be undertaken when the offence occurs.
(b) For existing mines under the transitional arrangements, allow the adoption of previously approved post mining land uses that require ongoing management – which under section 176A of the EP Act may:
(i) not otherwise satisfy the 'stable condition' criteria
(ii) attract the non-use management area provisions.
(c) Remove the public interest evaluation requirement for non-use management areas (e.g. residual voids).
(d) Address some other procedural issues that have arisen since introduction of the framework, such as:
(i) confirming the right to re-lodge after a PRCP application has lapsed due to a failure to provide requested further information
(ii) introducing an ability for the Department to agree to the extend time for lodgement of a PRCP application in circumstances involving EA transfers.
4. Environmental offences
(a) Introduce new powers for a Court to order:
(i) the forfeiture of property used in an offence under the EP Act
(ii) confiscation or forfeiture of property arising from the commission of environmental offences pursuant to the Criminal Proceeds Confiscation Act 2002.
(b) Increase the time available to the Department to commence a prosecution for environmental offences to two years (currently one) from when the offence comes to the complainant's knowledge, but five years (currently two) from the commission of the offence.
5. Underground water management
(a) Create a new landowner right under the Water Act to request a direction notice be issued for a tenure holder to undertake a bore assessment, subject to review and appeal rights.
(b) Align baseline assessment plan requirements with underground water impact report obligations.
These proposals (along with a raft of other proposed changes) are outlined in a more detail in the Department's consultation paper, which is available here.
Consultation and submission on the proposed reforms is open until 14 July 2025.
What next?
The reforms have wide-ranging implications for any industry regulated by the EP Act and the underground water management provisions of the Water Act.
Now is the time to consider what the proposed changes could mean for your business operations and to have your views heard.
Cooper Grace Ward is a leading Australian law firm based in Brisbane.
This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.
