Environmental Protection Act 1994

This Act may be cited as the Environmental Protection Act 1994.

The object of this Act is 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 (ecologically sustainable development).

The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.

The program is cyclical and involves the following phases—

phase 1—establishing the state of the environment and defining environmental objectives;

phase 2—developing effective environmental strategies;

phase 3—implementing environmental strategies and integrating them into efficient resource management;

phase 4—ensuring accountability of environmental strategies.

The relationship between each of the phases is shown in the figure appearing at the end of this Act.

Phase 1 is achieved by—

researching the state of the environment, including essential ecological processes; and

deciding environmental values to be protected or achieved by consulting industry, government departments and the community.

Phase 2 is achieved by—

developing environmental protection policies that, among other things—

decide environmental indicators; and

establish ambient and emission standards for contaminants; and

require waste management, including waste prevention and minimisation; and

advise on management practices; and

promoting environmental responsibility and involvement within the community.

Phase 3 is achieved by—

integrating environmental values into land use planning and management of natural resources; and

ensuring all reasonably practicable measures are taken to protect environmental values from all sources of environmental harm; and

monitoring the impact of the release of contaminants into the environment; and

requiring persons who cause environmental harm to pay costs and penalties for the harm.

Phase 4 is achieved by—

reviewing the results of human activities on the environment; and

evaluating the efficiency and effectiveness of environmental strategies; and

reporting publicly on the state of the environment.

If, under this Act, a function or power is conferred on a person, the person must perform the function or exercise the power in the way that best achieves the object of this Act.

This Act is to be administered, as far as practicable, in consultation with, and having regard to the views and interests of, industry, Aboriginal peoples and Torres Strait Islander peoples under Aboriginal tradition and Island custom, interested groups and persons and the community generally.

This Act is to be administered having regard to—

the following principles of environmental policy as set out in the Intergovernmental Agreement on the Environment—

the precautionary principle;

intergenerational equity;

conservation of biological diversity and ecological integrity;

improved valuation, pricing and incentive mechanisms (which includes the principle known as the principle of polluter pays); and

the principle (known as the principle of proportionality) that a decision, action or thing directed towards minimising harm or a risk of harm to the environment should be proportionate to the harm or risk of harm that is being addressed; and

the principle (known as the principle of primacy of prevention) that prevention of harm to the environment is preferred to remedial or mitigation measures.

If a provision of this Act requires the chief executive or administering authority to consider, or have regard to, the standard criteria, the chief executive or administering authority—

must consider, or have regard to, the standard criteria; and

need not but may consider, or have regard to, any other principle mentioned in subsection (1).

The dictionary in schedule 4 defines particular words used in this Act.

Environment includes—

ecosystems and their constituent parts, including people and communities; and

all natural and physical resources; and

the physical characteristics of locations, places and areas, however large or small; and

the physical surroundings of people, including the land, waters, atmosphere, climate, sound, odours and tastes; and

the social, economic, aesthetic and cultural conditions that affect, or are affected by, things mentioned in paragraphs (a) to (d).

Environmental value is—

a quality or physical characteristic of the environment that is conducive to ecological health; or

a quality or physical characteristic of the environment that is conducive to public health, safety or amenity; or

a quality or physical characteristic of the environment that contributes to its biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; or

another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.

Contamination of the environment is the release (whether by act or omission) of a contaminant into the environment.

A contaminant can be—

a gas, liquid or solid; or

an odour; or

an organism (whether alive or dead), including a virus; or

energy, including noise, heat, radioactivity and electromagnetic radiation; or

a combination of contaminants.

Noise includes vibration of any frequency, whether emitted through air or another medium.