Queensland Consolidated Acts Queensland Consolidated Actsaccredited, for an ERMP, see section 77.
additional condition, for chapter 5, part 3, division 2, see section 170(1).
administering authority means—
(a) for a matter, the administration and enforcement of which has been devolved to a local government under section 514—the local government; or
(b) for another matter—the chief executive.
administering executive means—
(a) for a matter, the administration and enforcement of which has been devolved to a local government under section 514—the local government's chief executive officer; or
(b) for another matter—the chief executive.
advice agency, for a development application, has the meaning given by the Planning Act.
affected building, for chapter 8, part 3B, see section 440K.
affected person, for a project, see section 38.
agricultural chemicals see section 77.
agricultural ERA means—
(a) generally—an agricultural ERA as defined under section 75; and
(b) for chapter 4A, part 3—see also section 87A.
agricultural ERA record see section 83(1)(a).
agricultural property see section 77.
aircraft movement means a landing, departure or ground movement of aircraft, whether on or from land, water, a building or a vehicle.
amending Act, for chapter 13, part 17, see section 666.
amendment application—
(a) for chapter 5—see section 238(1); or
(b) for chapter 5A—see section 310S.
anniversary day—
Anniversary day, for an environmental authority—
1 Generally, the anniversary day for an environmental authority means each anniversary of the day the authority is issued.
Note—
See, however, section 602.
2 Also, if the anniversary day for an environmental authority is changed under section 318A, the anniversary day for the authority is the day as changed.
3 The anniversary day for an environmental authority does not change merely because the authority is amended or transferred.
Anniversary day, for a registration certificate—
1 Generally, the anniversary day for a registration certificate means each anniversary of the day the certificate took effect.
2 However, if the anniversary day for a registration certificate is changed under section 318A, the anniversary day for the certificate is the day as changed.
3 Also, if the registration certificate is issued for a continuing chapter 4 activity, the anniversary day for the certificate is the anniversary day for the previous registration certificate for the activity.
4 The anniversary day for a registration certificate does not change merely because the certificate is amended.
annual notice see section 316(2).
applicable code see the Planning Act, schedule 3.
applicant for chapter 12, part 2, see section 551.
applicants—
(a) for chapter 5, part 9—see section 260(1)(b); or
(b) for chapter 5A, part 4—see section 311D(b).
application date see section 552.
application documents, for chapter 5, see section 150.
application notice—
(a) for chapter 5, part 6—see section 211; or
(b) for chapter 5A, part 2, division 4—see section 310G(1).
application requirements, for chapter 5, see section 154(3).
appropriately qualified—
1 Appropriately qualified, for an entity to whom a power under this Act may be delegated or subdelegated, includes having the qualifications, experience or standing appropriate to exercise the power.
Example of standing—
a person's classification level in the public service
2 If the power may be delegated or subdelegated by a local government, the following are appropriately qualified entities for the delegation or subdelegation—
(a) the local government's mayor;
(b) a standing committee or a chairperson of a standing committee of the local government;
(c) the local government's chief executive officer;
(d) an employee of the local government, having the qualifications, experience or standing appropriate to exercise the power.
Example of standing for paragraph (d)—
the employee's classification level in the local government
approved code of practice means a code of practice approved by the Minister under section 548.
approved form means a form approved by the administering executive.
assessable development means assessable development as defined under the Planning Act.
assessment level decision, for chapter 5, part 8, means—
(a) generally—the assessment level decision under section 246(1)(a) and (3); but
(b) if, under section 247(2), the EPA Minister has made the assessment level decision—that decision.
assessment manager see the Planning Act, section 246(1).
assessment period for—
(a) chapter 5, part 5, division 3—see section 191(2); or
(b) chapter 5, part 6, division 3—see section 205(3).
at, for chapter 8, part 3B, see section 440K.
audible noise, for chapter 8, part 3B, see section 440L.
audit notice see section 280(1).
auditor means an individual who holds an appointment as an auditor under section 285.
authorised person means a person holding office as an authorised person under an appointment under this Act by the chief executive or chief executive officer of a local government.
background level, for chapter 8, part 3B, see section 440K.
Balance the Earth Trust means the trust by that name established under a trust deed entered into by the State on 9 October 2009.
best practice environmental management, for an activity, see section 21.
bilateral agreement means a bilateral agreement as defined under the Commonwealth Environment Act to which the State is a party.
boat means a boat, ship or other vessel of any size or kind, and includes a hovercraft.
building includes—
(a) any kind of structure; and
(b) part of a building.
building work, for chapter 8, part 3B, see section 440K.
business, of a holder of an environmental authority, means the business of carrying out the environmentally relevant activity the subject of the authority.
business days—
(a) generally, does not include a day between 26 December and 1 January in the following year; and
(b) for chapter 3, part 1, see section 39.
busway see the Transport Infrastructure Act 1994, schedule 6.
carries out, an agricultural ERA, see section 76.
cattle, for chapter 4A, see section 77.
certified rehabilitated area, for a mining tenement, see section 266A(3).
chapter 4 activity means an environmentally relevant activity, other than an agricultural ERA, a mining activity or a chapter 5A activity.
chapter 5A activity see section 309A(2).
chapter 5A activity project see section 309G.
clean-up notice see section 363H(1).
coal seam gas see section 310D(7).
coal seam gas environmental authority see section 310D(7).
coal seam gas water see section 310D(7).
coastal waters, for chapter 8, part 3D, see section 440ZH.
code compliance condition, for chapter 5A, see section 309T(1).
code compliant application, for chapter 5, see section 154(4).
code compliant authority—
(a) for chapter 5—see section 148(3); or
(b) for chapter 5A—see section 309B(2).
code of environmental compliance means a code of environmental compliance approved or made under a regulation.
commencement, for chapter 13, part 17, see section 666.
comment period, for chapter 3, part 1, see section 39.
Commonwealth Environment Act means the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth).
Commonwealth Native Title Act means the Native Title Act 1993 (Cwlth).
concurrence agency, for a development application, has the meaning given by the Planning Act.
conditional surrender, of a mining tenement, means a surrender in relation to the tenement of a type mentioned in the Mineral Resources Act, section 107(7), 161(4), 210(13) or 309(12).
conditions, for an environmental authority, includes a condition of an environmental authority that has ended or ceased to have effect if the condition imposed an obligation that continues to apply after the authority has ended or ceased to have effect.
contaminant see section 11.
contaminated land means land contaminated by a hazardous contaminant.
contaminated land register means the register kept by the administering authority under section 540(1)(h)(ii).
contamination see section 10.
contamination incident see section 363F.
continuation, for an original offence under a program notice, includes the happening again of the offence because of a relevant event of the same type stated in the notice.
continuing chapter 4 activity means a chapter 4 activity—
(a) that is carried out by a registered operator who proposes to dispose of the operator's business to someone else (the proposed buyer); and
(b) for which the proposed buyer applies for a registration certificate.
contravention, of a prescribed provision, for chapter 7, part 5A, includes, in the context of a direction notice relating to the contravention issued by an authorised person, a reference to a contravention that the authorised person believes is happening or has happened.
conviction includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded.
Coordinator-General's report, for a significant project, means the Coordinator-General's report under the State Development Act, section 35, evaluating the EIS for the project.
correction—
(a) for chapter 5, part 12—see section 290; or
(b) for chapter 5A, part 6—see section 312D.
corresponding law means under a law of the Commonwealth or another State that provides for the same or similar matters as this Act.
cost recovery notice see section 363N(1).
Court means the Planning and Environment Court.
CSG evaporation dam see section 310D(7).
current objection, for an application, means an objection relating to the application that—
(a) the administering authority has accepted; and
(b) has not been withdrawn.
dangerous goods code means the 'Australian Code for the Transport of Dangerous Goods by Road and Rail' prepared by the Office of Federal Road Safety and published by the Commonwealth.
deciding, for an application or submission, for chapter 12, part 2, see section 551.
deposit, for chapter 8, part 3C, see section 440ZE.
designated urban area see the Wild Rivers Act 2005, schedule.
development see the Planning Act, section 7.
development application means an application for a development approval.
development approval means development approval as defined under the Planning Act.
development condition—
1 Development condition, of a development approval, means a condition of the approval imposed by, or imposed because of a requirement of, the administering authority as assessment manager or concurrence agency for the application for the approval.
2 The term includes a reference to a condition referred to in the State Development Act, section 39(1).
3 To remove any doubt, it is declared that if a condition mentioned in clause 1 was imposed on a development approval because the approval related to an environmentally relevant activity, the condition does not stop being a development condition only because the activity stops being an environmentally relevant activity.
development offence means an offence against section 435.
development permit means a development permit as defined under the Planning Act.
direction notice see section 363B(2).
disposal permit means a permit under section 424 to remove and treat or dispose of contaminated soil from land for which particulars are recorded in the environmental management register or contaminated land register.
disqualifying event means—
(a) a conviction for an environmental offence; or
(b) the cancellation or suspension of—
(i) an environmental authority; or
(ii) a registration certificate; or
(iii) an authority, instrument, licence or permit, however called, similar to an environmental authority or registration certificate under a corresponding law.
dissatisfied person see section 520.
draft environmental authority, for an environmental authority (mining activities) application, means the draft environmental authority for the application prepared by the administering authority under chapter 5, part 4, division 3 or part 6, division 5.
draft terms of reference, for an EIS, see section 39.
earth, for chapter 8, part 3C, see section 440ZD.
ecologically sustainable development see section 3.
educational institution, for chapter 8, part 3B, see section 440K.
EIS means an environmental impact statement.
EIS amendment notice see section 66(3).
EIS assessment report see section 57(2).
EIS decision, for chapter 5, part 8, means—
(a) the EIS decision under section 246(1)(b) and (4); or
(b) if the EPA Minister has made a decision under section 247(3)—that decision.
EIS notice see section 51(2)(a).
EIS process, for an EIS, means—
(a) the process under chapter 3, part 1; and
(b) the seeking and giving, under chapter 3, part 1, division 7, subdivision 1, of advice, comment or information in relation to the EIS.
EIS requirement, for an application, means that an EIS has been required under this Act for the application.
emergency direction see section 468.
emergency powers see section 467(6).
EM plan assessment report for—
(a) chapter 5, part 5, see section 191(1); or
(b) chapter 5, part 6, see section 205(2).
enforcement order see section 507.
engaging in conduct includes failing to engage in conduct.
enter, a place, includes re-enter the place.
entry order, for chapter 12, part 4, see section 575(2).
environment see section 8.
environmental audit for chapter 7, part 2, see section 322.
environmental authority means an environmental authority under chapter 5 or 5A.
environmental authority (chapter 5A activities) see section 309A(3).
environmental authority (exploration) see section 148(c).
environmental authority (mineral development) see section 148(d).
environmental authority (mining activities) see section 146(2).
environmental authority (mining claim) see section 148(b).
environmental authority (mining lease) see section 148(e).
environmental authority (prospecting) see section 148(a).
environmental evaluation means an environmental audit or investigation.
environmental harm see section 14.
environmental investigation see section 323.
environmentally relevant activity see section 18.
environmental management plan—
(a) for chapter 3, part 1—see section 39; or
(b) for chapter 5—
(i) for, or for an application for, an environmental authority (exploration) or environmental authority (mineral development)—means a submitted EM plan under section 189; or
(ii) for, or for an application for, an environmental authority (mining lease)—means a submitted EM plan under section 203; or
(iii) for, or for an application for, an environmental authority (prospecting) or an environmental authority (mining claim)—means an EM plan required under section 163B; or
(c) for chapter 5A—means an environmental management plan under section 310D.
environmental management register means the register kept by the administering authority under section 540(1)(h)(i).
environmental nuisance see section 15.
environmental offence means—
(a) an offence against any of the following provisions—
• section 236(3)
• section 322
• section 323
• section 357(5)
• section 361
• chapter 5, parts 10 and 11
• chapter 8; or
(b) an offence against a corresponding law, if the act or omission that constitutes the offence would, if it happens in the State, be an offence against a provision mentioned in paragraph (a).
environmental offset trust means the Balance the Earth Trust or another trust established to accept and manage amounts to fund the undertaking of works or activities to counterbalance the impacts of environmentally relevant activities or other activities on the natural environment.
environmental protection commitment, for a submitted EM plan, means—
(a) a commitment under, or stated in, the plan; or
(b) an obligation imposed, or an undertaking given, under the plan; or
(c) a requirement under the document to produce a stated outcome.
environmental protection order see section 358.
environmental protection policy means an environmental protection policy approved under chapter 2.
environmental report means a report on an environmental evaluation.
environmental requirement means—
(a) an environmental authority; or
(b) a transitional environmental program; or
(c) a clean-up notice; or
(d) a site management plan; or
(e) a condition of an environmental authority that has ended or ceased to have effect, if the condition—
(i) continues to apply after the authority has ended or ceased to have effect; and
(ii) has not been complied with.
Editor's note—
See section 305(3) (Conditions that may be made) and definition conditions.
environmental standard means—
(a) an environmental standard (however called) set out, or otherwise provided for, in a regulation under this Act; or
(b) an outcome or objective that is directed at protecting or enhancing environmental values set out in an environmental protection policy.
environmental value see section 9.
EPA Minister means the Minister for the time being administering this Act.
ERMP see section 77.
ERMP content requirements see section 92(a).
ERMP direction see section 88(b).
executive officer, of a corporation, means—
(a) if the corporation is the Commonwealth or a State—a chief executive of a department of government or a person who is concerned with, or takes part in, the management of a department of government, whatever the person's position is called; or
(b) if the corporation is a local government—
(i) the chief executive officer of the local government; or
(ii) a person who is concerned with, or takes part in, the local government's management, whatever the person's position is called; or
(c) if paragraphs (a) and (b) do not apply—a person who is—
(i) a member of the governing body of the corporation; or
(ii) concerned with, or takes part in, the corporation's management;
whatever the person's position is called and whether or not the person is a director of the corporation.
exploration permit means—
(a) an exploration permit under the Mineral Resources Act; or
(b) a former exploration permit under the Mineral Resources Act continued in effect under section 148 of that Act.
fee includes tax.
final rehabilitation report means—
(a) for chapter 5—a final rehabilitation report prepared under chapter 5, part 10, division 2, subdivision 2; or
(b) for chapter 5A—a final rehabilitation report prepared under chapter 5A, part 5, division 2.
final terms of reference, for chapter 3, part 1, see section 39.
financial assurance, for an environmental authority (chapter 5A activities) means financial assurance for the authority given under chapter 5A, part 7.
FRR amendment notice, for chapter 5, see section 275(3).
FRR assessment report—
(a) for chapter 5—see section 276; or
(b) for chapter 5A—see section 311O.
general environmental duty see section 319.
Geothermal Act means the Geothermal Energy Act 2010.
geothermal activities means—
(a) activities that, under the Geothermal Act, are authorised activities for a geothermal tenure; or
(b) rehabilitating or remediating environmental harm because of activities mentioned in paragraph (a); or
(c) actions taken to prevent environmental harm because of activities mentioned in paragraph (a) or (b); or
(d) activities required under a condition of an environmental authority for activities mentioned in paragraph (a), (b) or (c); or
(e) activities required under a condition of an environmental authority for activities mentioned in paragraph (a), (b) or (c) that has ended or ceased to have effect, if the condition—
(i) continues to apply after the authority has ended or ceased to have effect; and
(ii) has not been complied with.
Note—
For conditions that continue to apply after the authority has ended, see sections 309Z and 310O (Conditions that may and must be imposed).
GHG means greenhouse gas.
GHG residual risks requirement see section 311T(2).
GHG storage Act means the Greenhouse Gas Storage Act 2009.
GHG well means a well that is, or has been, a GHG well under the GHG storage Act.
greenhouse gas storage activities means—
(a) activities that, under the GHG storage Act, are authorised activities for a GHG authority; or
(b) rehabilitating or remediating environmental harm because of activities mentioned in paragraph (a); or
(c) actions taken to prevent environmental harm because of activities mentioned in paragraph (a) or (b); or
(d) activities required under a condition of an environmental authority for activities mentioned in paragraph (a), (b) or (c); or
(e) activities required under a condition of an environmental authority for activities mentioned in paragraph (a), (b) or (c) that has ended or ceased to have effect, if the condition—
(i) continues to apply after the authority has ended or ceased to have effect; and
(ii) has not been complied with.
Note—
For conditions that continue to apply after the authority has ended, see sections 309Z and 310O (Conditions that may and must be imposed).
harmful substance, for chapter 8, part 3D, see section 440ZH.
hazardous contaminant means a contaminant, other than an item of explosive ordnance, that, if improperly treated, stored, disposed of or otherwise managed, is likely to cause serious or material environmental harm because of—
(a) its quantity, concentration, acute or chronic toxic effects, carcinogenicity, teratogenicity, mutagenicity, corrosiveness, explosiveness, radioactivity or flammability; or
(b) its physical, chemical or infectious characteristics.
holder, for a mining tenement, means a holder of the tenement under the Mineral Resources Act.
hovercraft means a vehicle designed to be supported on cushion of air.
identity card, of an authorised person, means the identity card issued to the authorised person under section 448.
indoor venue, for chapter 8, part 3B, see section 440K.
information notice, about a decision, means a written notice stating—
(a) the decision; and
(b) if the decision is a decision other than to impose a condition on an environmental authority, the reasons for the decision; and
(c) the review or appeal details.
integrated environmental management system, for an environmentally relevant activity or activities, means a system for the management of the environmental impacts of the carrying out of the activity or activities.
interested person, for chapter 3, part 1, see section 39.
interim enforcement order see section 507.
joint applicants—
(a) for chapter 5—see section 157; or
(b) for chapter 5A—see section 309L.
joint application for—
(a) for chapter 5—see section 158(1); or
(b) for chapter 5A—see section 309M(1).
LA90, T, for chapter 8, part 3B, see section 440K.
land includes—
(a) the airspace above land; and
(b) land that is, or is at any time, covered by waters; and
(c) waters.
level 1 chapter 5A activity means an activity prescribed by a regulation under section 309C as a level 1 chapter 5A activity.
level 1 mining project see section 151(1).
level 2 chapter 5A activity means an activity prescribed by a regulation under section 309C as a level 2 chapter 5A activity.
level 2 mining project see section 151(2).
licensed premises, for chapter 8, part 3B, see section 440K.
light rail see the Transport Infrastructure Act 1994, schedule 6.
MARPOL see the Transport Operations (Marine Pollution) Act 1995, section 6.
material environmental harm see section 16.
mineral development licence means—
(a) a mineral development licence under the Mineral Resources Act; or
(b) a former mineral development licence under the Mineral Resources Act continued in effect under section 215 of that Act.
Mineral Resources Act means the Mineral Resources Act 1989.
mining activity see section 147.
mining claim means a mining claim under the Mineral Resources Act.
mining lease means a mining lease under the Mineral Resources Act.
mining project see section 149.
mining registrar, for an application or a mining tenement, means the mining registrar under the Mineral Resources Act for the district under that Act for the land to which the application or tenement relates.
mining tenement means a prospecting permit, mining claim, exploration permit, mineral development licence or mining lease.
Minister's decision for chapter 5, part 6, division 7, subdivision 1, see section 225(1).
mobile and temporary environmentally relevant activity means a chapter 4 activity, other than an activity that is dredging material, extracting rock or other material, or the incinerating of waste—
(a) carried out at various locations using transportable plant or equipment, including a vehicle; and
(b) that does not result in the building of any permanent structures or any physical change of the landform at the locations (other than minor alterations solely necessary for access and setup including, for example, access ways, footings and temporary storage areas); and
(c) carried out at any one of the locations—
(i) for less than 28 days in a calendar year; or
(ii) for 28 or more days in a calendar year only if the activity is necessarily associated with, and is exclusively used in, the construction or demolition phase of a project.
MRA Minister means the Minister for the time being administering the Mineral Resources Act.
national environmental protection measure means a national environmental protection measure made under the national scheme laws.
national scheme laws means—
(a) the National Environment Protection Council Act 1994 (Cwlth); and
(b) the National Environment Protection Council (Queensland) Act 1994.
National Strategy for Ecologically Sustainable Development means the 'National Strategy for Ecologically Sustainable Development' endorsed by the Council of Australian Governments on 7 December 1992.
natural disaster does not include an event that can be prevented by human action.
natural environment—
(a) means living and non-living things that occur naturally at 1 or more places on Earth; and
(b) does not include amenity or aesthetic, cultural, economic or social conditions.
NNTT means the National Native Title Tribunal established under the Commonwealth Native Title Act, part 6.
noise see section 12.
noise standard, for chapter 8, part 3B, see section 440K.
nominated section, for chapter 8, part 3B, division 2, see section 440O(2)(b).
nominated waterway see the Wild Rivers Act 2005, schedule.
non-coastal waters, for chapter 8, part 3D, see section 440ZH.
non-code compliant application, for chapter 5, see section 154(5).
non-code compliant authority—
(a) for chapter 5—see section 148(5); or
(b) for chapter 5A—see section 309B(4).
notifiable activity means an activity in schedule 3.
noxious liquid substance, for chapter 8, part 3D, see section 440ZH.
objection period, for chapter 5, means—
(a) the objection period under section 212; or
(b) if section 215 applies—any new objection fixed under section 215(3)(b)(ii).
objections decision, for chapter 5, see section 219(1).
objector, for an application, means an entity that makes a properly made objection about the application whose objection has not been withdrawn.
obstruct includes hinder, delay, resist and attempt to obstruct.
occupier, of a place, includes the person apparently in charge of the place.
oil, for chapter 8, part 3D, see section 440ZH.
open-air event, for chapter 8, part 3B, see section 440K.
operational land, for chapter 3, part 1, see section 39.
optimum amount, for the application of nitrogen and phosphorus to soil on an agricultural property, see section 77.
original decision see section 519.
original offence, for a program notice, see section 351.
over-fertilisation, of an agricultural property, see section 77.
owner—
1 The owner of land is—
(a) for freehold land—the person recorded in the freehold land register as the person entitled to the fee simple interest in the land; or
(b) for land held under a lease, licence or permit under an Act—the person who holds the lease, licence or permit; or
(c) for trust land under the Land Act 1994—the trustees of the land; or
(d) for Aboriginal land under the Aboriginal Land Act 1991—the persons to whom the land has been transferred or granted; or
(e) for Torres Strait Islander land under the Torres Strait Islander Land Act 1991—the persons to whom the land has been transferred or granted; or
(f) for land for which there is a native title holder under the Native Title Act 1993 (Cwlth)—each registered native title party in relation to the land.
2 Also, a mortgagee of land is the owner of the land if—
(a) the mortgagee is acting as a mortgagee in possession of the land and has the exclusive management and control of the land; or
(b) the mortgagee, or a person appointed by the mortgagee, is in possession of the land and has the exclusive management and control of the land.
owner-builder permit means an owner-builder permit under the Queensland Building Services Authority Act 1991.
ozone depleting substance means—
(a) any chlorofluorocarbon or halon; or
(b) another substance prescribed by regulation to be an ozone depleting substance.
P&G Act means the Petroleum and Gas (Production and Safety) Act 2004.
parent corporation, of another corporation, means a corporation of which the other corporation is a subsidiary under the Corporations Act.
particles includes dust and ash.
peak particle velocity, for chapter 8, part 3B, see section 440K.
person—
(a) for chapter 3, part 1—see section 39; or
(b) for chapter 5A, part 2—see section 309H.
person in control, of a vehicle, includes—
(a) the driver of the vehicle; and
(b) the person in command of the vehicle; and
(c) the person who appears to be in control or command of the vehicle.
petroleum activities means—
(a) activities that, under the Petroleum Act 1923, are authorised activities for a 1923 Act petroleum tenure under that Act; or
(b) activities that, under the P&G Act, are authorised activities for a petroleum authority under that Act; or
(c) exploring for, exploiting or conveying petroleum resources under a licence, permit, pipeline licence, primary licence, secondary licence or special prospecting authority granted under the Petroleum (Submerged Lands) Act 1982; or
(d) rehabilitating or remediating environmental harm because of activities mentioned in paragraphs (a) to (c); or
(e) actions taken to prevent environmental harm because of activities mentioned in paragraphs (a) to (d); or
(f) activities required under a condition of an environmental authority for activities mentioned in paragraphs (a) to (e); or
(g) activities required under a condition of an environmental authority mentioned in paragraphs (a) to (e) that has ended or ceased to have effect, if the condition—
(i) continues to apply after the authority has ended or ceased to have effect; and
(ii) has not been complied with.
Note—
For conditions that continue to apply after the authority has ended, see sections 309Z and 310O (Conditions that may and must be imposed).
place, for chapter 7, parts 5B and 5C, see section 363F.
Planning Act means the Sustainable Planning Act 2009.
power boat, for chapter 8, part 3B, see section 440K.
preliminary investigation, for land, means an investigation to find out whether the land is contaminated land.
premises includes a building and the land on which a building is situated.
prescribed person, for a contamination incident—
(a) for chapter 7, part 5B, see section 363G; or
(b) for chapter 7, part 5C, see section 363M; or
(c) for sections 487 and 488, has the meaning given by section 363G.
prescribed provision, for chapter 7, part 5A, see section 363A.
prescribed standard see section 579C.
prescribed water contaminant, for chapter 8, part 3C, see section 440ZD.
priority catchment see section 75(1)(b).
production requirement see section 85(1).
program notice see section 350.
progressive certification, for a mining tenement, see section 266A(2).
project authority see section 155(4)(a).
properly made objection see section 217(2).
properly made submission—
(a) for chapter 3—see section 55(2); or
(b) for chapter 5A, part 2, division 4—see section 310L(2).
proponent, for chapter 3, part 1, see section 39.
proposed action—
(a) for chapter 4, part 4—see section 73J(1)(a); or
(b) for chapter 5, part 12, division 2—see section 295(1)(a); or
(c) for chapter 5A, part 6, division 2—see section 312H(1)(a).
proposed action decision—
(a) for chapter 4, part 4—see section 73L(2); or
(b) for chapter 5—see section 297(2); or
(c) for chapter 5A, part 6, division 2—see section 312J(2).
proposed holder means—
(a) for an application for an environmental authority, any applicant for the environmental authority; or
(b) for an application to transfer an environmental authority, the proposed transferee.
prospecting permit means—
(a) a prospecting permit under the Mineral Resources Act; or
(b) a former prospecting permit under the Mineral Resources Act continued in effect under section 30 of that Act.
protocol see section 579B.
public authority includes an entity established under an Act and a government owned corporation under the Government Owned Corporations Act 1993.
public notice requirement, for chapter 5A, see section 310W(2).
public passenger vehicle see the Transport Operations (Passenger Transport) Act 1994, schedule 3.
public place means any place the public is entitled to use or is open to, or used by, the public (whether or not on payment of an admission fee).
public road means a road that is open to the public, whether or not on payment of money.
rail transport infrastructure see the Transport Infrastructure Act 1994, schedule 6.
railway means a private or public railway or railway facility.
Examples of a railway facility—
railway bridge, railway communications system, railway marshalling station and yard, railway track, works built for a railway
receiving environment, in relation to an activity that causes or may cause environmental harm, means the part of the environment to which the harm is, or may be, caused.
recipient means—
(a) for an environmental evaluation—the person on whom the requirement for the evaluation is made; or
(b) for an environmental protection order—the person to whom the order is issued; or
(c) for an ERMP direction, direction notice, clean-up notice or cost recovery notice—the person to whom the direction or notice is issued; or
(d) for a notice to conduct or commission a site investigation—the person to whom the notice is given; or
(e) for a remediation notice—the person to whom the notice is given; or
(f) for a notice to prepare or commission a site investigation report—the person to whom the notice is given.
recognised entity means any of the following—
(a) the administering authority;
(b) the department in which the Fisheries Act 1994 or Water Act 2000 is administered;
(c) a local government;
(d) a public authority;
(e) an agency, however called, established under a corresponding law with similar functions to the functions of the chief executive;
(f) a ministerial council established by the Council of Australian Governments;
(g) the Commonwealth Scientific and Industrial Research Organisation;
(h) a cooperative research centre completely or partly funded by the Commonwealth;
(i) an Australian university.
reef see section 77.
referral agency means an advice agency or concurrence agency.
refusal period, for—
(a) chapter 5, part 4—see section 173(1); or
(b) chapter 5, part 6—see section 207(1).
register means a register kept under section 540.
registered operator means the holder of a registration certificate, for a chapter 4 activity, issued under section 73F and in force.
registrar means the registrar of titles or another person responsible for keeping a register in relation to dealings in land.
registration Act see the State Penalties Enforcement Act 1999, schedule 2.
registration certificate see section 73F.
regulatory requirement means a requirement under an environmental protection policy or a regulation for—
(a) the administering authority to—
(i) grant or refuse to grant, or follow stated procedures for evaluating, any of the following applications—
(A) a development application for which the administering authority is the assessment manager or a referral agency;
(B) an environmental authority application;
(C) an application for approval of a transitional environmental program; or
(ii) impose, change or cancel a condition of a development approval for a chapter 4 activity, an environmental authority or an approval of a transitional environmental program; or
(b) the Land Court to make an objections decision under section 223: or
(c) the Minister to make a decision under section 247.
rehabilitation direction means a direction given under section 278A or 311Y.
release, of a contaminant into the environment, includes—
(a) to deposit, discharge, emit or disturb the contaminant; and
(b) to cause or allow the contaminant to be deposited, discharged, emitted or disturbed; and
(c) to fail to prevent the contaminant from being deposited, discharged emitted or disturbed; and
(d) to allow the contaminant to escape; and
(e) to fail to prevent the contaminant from escaping.
relevant agricultural property see section 77.
relevant chapter 5A activity see section 309F.
relevant CSG activity see section 310D(7).
relevant event, for a program notice, see section 350(1).
relevant local government, for land, means the local government for the local government area where the land is situated.
relevant matters, for an environmental evaluation, means the matters to be addressed by the evaluation.
relevant mining activity, for—
(a) an application for or about an environmental authority (mining activities)—means a mining activity the subject of the application; or
(b) an environmental authority (mining activities)—means a mining activity the subject of the authority.
relevant mining lease, for an environmental authority (mining lease) means a mining lease, or proposed mining lease, to which the relevant mining activity for the authority relates.
relevant mining tenement, for an environmental authority (mining activities) or an environmental authority (mining activities) application, means a mining tenement, or proposed mining tenement, to which a relevant mining activity relates.
relevant place, for chapter 5A, part 2, see section 309H.
relevant primary documents, for an agricultural ERA record, see section 84(2).
relevant resource authority see section 309D.
relevant standard environmental conditions, for an environmental authority (mining activities), or proposed environmental authority (mining activities), means the standard environmental conditions applying to the activities the subject of the authority.
remediate, contaminated land, means—
(a) rehabilitate the land; or
(b) restore the land; or
(c) take other action to prevent or minimise serious environmental harm being caused by the hazardous contaminant contaminating the land.
remediation notice see section 391(5)(a).
replacement environmental authority, for an environmental authority, means another environmental authority that is the same, substantially the same as, or replaces, the environmental authority.
residual risks, of an area within a mining tenement, means all or any of the following—
(a) the risk that, although the rehabilitation appeared to be satisfactory when the area was assessed for an application for progressive certification or for surrender—
(i) it will, in the foreseeable future, fail to perform as predicted in a relevant progressive rehabilitation report or final rehabilitation report; and
(ii) the failure will result in the need for repair, replacement or maintenance work for the area;
(b) the risk that the area will need ongoing management;
Examples of ongoing management—
maintenance of fences to ensure the safety of steep slopes or to prevent access to contaminated areas
providing a pump-back system to manage the discharge of contaminants
(c) the risk of contaminants being released from the area by animals, water or wind and potentially causing environmental harm that may require a program to monitor what management action should be taken in relation to the release.
resource legislation see section 309E.
review date see section 521(2)(a)(i).
review decision see section 521(5)(c).
review or appeal details, for a notice or order, means a statement in the notice or order as follows—
(a) that a person as follows may apply for a review of, or appeal against, the decision to which the notice or order relates—
(i) the person given the notice or order;
(ii) another dissatisfied person for the original decision to which the notice or order relates;
(b) about whether the person may apply for a review or may appeal against the decision;
(c) about the period or time allowed for making the application for a review or for starting an appeal;
(d) if the person may apply for a review—about how to apply for a review;
(e) if the person may appeal—about how to start an appeal.
revised (CSG) EM plan see section 310U(2).
sanitary convenience means a urinal, water closet, earth closet, cesspit, cesspool or other receptacle for human waste.
security includes bond, deposit of an amount as security, guarantee, indemnity or other surety, insurance, mortgage and undertaking.
self-assessable development means self-assessable development as defined under the Planning Act.
serious environmental harm see section 17.
sewage, for chapter 8, part 3D, see section 440ZH.
significant project means a project declared under the State Development Act, section 26, to be a significant project.
site investigation report means a report submitted to the administering authority about a site investigation of land for which particulars are recorded in the environmental management register.
site management plan means a site management plan approved under chapter 7, part 8.
specified works see the Wild Rivers Act 2005, section 48(2).
standard criteria means—
(a) the principles of ecologically sustainable development as set out in the 'National Strategy for Ecologically Sustainable Development'; and
(b) any applicable environmental protection policy; and
(c) any applicable Commonwealth, State or local government plans, standards, agreements or requirements; and
(d) any applicable environmental impact study, assessment or report; and
(e) the character, resilience and values of the receiving environment; and
(f) all submissions made by the applicant and submitters; and
(g) the best practice environmental management for activities under any relevant instrument, or proposed instrument, as follows—
(i) an environmental authority;
(ii) a transitional environmental program;
(iii) an environmental protection order;
(iv) a disposal permit;
(v) a development approval; and
(h) the financial implications of the requirements under an instrument, or proposed instrument, mentioned in paragraph (g) as they would relate to the type of activity or industry carried out, or proposed to be carried out, under the instrument; and
(i) the public interest; and
(j) any applicable site management plan; and
(k) any relevant integrated environmental management system or proposed integrated environmental management system; and
(l) any other matter prescribed under a regulation.
standard environmental conditions, for an environmental authority or a chapter 4 activity, means the standard environmental conditions approved for the authority or activity under section 549.
State-controlled road means a road or route, or part of a road or route, declared under the Transport Infrastructure Act 1994, section 24 to be a State-controlled road.
State Development Act means the State Development and Public Works Organisation Act 1971.
State Development Minister means the Minister for the time being administering the State Development Act.
state of mind, of a person, includes—
(a) the person's knowledge, intention, opinion, belief or purpose; and
(b) the person's reasons for the intention, opinion, belief or purpose.
stormwater includes a run-off of rainwater from an urban or rural source.
stormwater drainage, for chapter 8, part 3C, see section 440ZD.
submission period—
(a) for chapter 3, part 1—see section 39; or
(b) for chapter 5A, part 2—see section 309H.
submitted EM plan—
1 The submitted EM plan for, or for an application for, an environmental authority (exploration) or environmental authority (mineral development) is the environmental management plan for the authority submitted under section 187, as amended from time under section 190, 253 or 258A.
2 The submitted EM plan for, or for an application for, an environmental authority (mining lease) is the environmental management plan for the authority submitted under section 201, as amended from time under section 204, 226A, 253 or 258A.
submitter, for an application, means a person who makes a properly made submission about the application.
sugar cane growing see section 77.
suitability report see section 560(1).
suitability statement, for land, means a statement about the uses and activities for which the land is suitable.
surrender application—
(a) for chapter 5—see section 268(1)(a); or
(b) for chapter 5A—see section 311K(1)(a).
surrender notice—
(a) for chapter 5—see section 271(2); or
(b) for chapter 5A—see section 312B(2).
TEP submission, for chapter 12, part 2, see section 551.
TOR notice see section 42(1).
transfer application—
(a) for chapter 5—see section 259(2)(a); or
(b) for chapter 5A—see section 311C(2)(a).
transitional environmental program means a transitional environmental program approved under chapter 7, part 3.
unamended Act, for chapter 13, part 17, see section 666.
unlawful environmental harm means environmental harm that is unlawful under section 493A.
validation report see section 390.
vehicle includes a train, boat and an aircraft.
waste see section 13.
waters means Queensland waters.
wild river area see the Wild Rivers Act 2005, schedule.
wild river declaration see the Wild Rivers Act 2005, schedule.
wild river high preservation area means a high preservation area under the Wild Rivers Act 2005.
wild river preservation area means a preservation area under the Wild Rivers Act 2005.
wild river special floodplain management area means a special floodplain management area under the Wild Rivers Act 2005.
wilfully means—
(a) intentionally; or
(b) recklessly; or
(c) with gross negligence.
Z Peak, for chapter 8, part 3B, see section 440K.
Z Peak Hold, for chapter 8, part 3B, see section 440K.