Environmental Protection Regulation 2019

This section applies to the administering authority for making an environmental management decision relating to an activity (the relevant activity) that is, or will be, carried out in—

the Great Barrier Reef catchment; or

the coastal waters of the State that are between the following geodesic lines—

a line running north from the point that is the most northern coastline of the State in the Great Barrier Reef catchment;

a line running east from the point that is the most southern coastline of the State in the Great Barrier Reef catchment.

However, this section does not apply to—

a prescribed ERA mentioned in schedule 2, section 16, to the extent the activity is dredging in waters mentioned in subsection (1)(b); or

a prescribed ERA mentioned in schedule 2, section 13A.

The administering authority must refuse to grant the application if the authority considers that—

the relevant activity will, or may, have a residual impact; and

having regard to the matters mentioned in the water quality offset policy, the residual impact will not be adequately counterbalanced by offset measures for the relevant activity.

A residual impact of a relevant activity is the presence of fine sediment, or dissolved inorganic nitrogen, in Great Barrier Reef catchment waters, or waters mentioned in subsection (1)(b), that—

was released to the water because of the relevant activity; and

remains, or is likely to remain, in the water despite mitigation measures for the relevant activity.

For subsection (4), the presence of fine sediment must be detected by measuring total suspended solids.

Mitigation measures, for a relevant activity, are activities carried out to avoid or minimise the release of fine sediment, or dissolved inorganic nitrogen, to Great Barrier Reef catchment waters, or waters mentioned in subsection (1)(b), because of the relevant activity being carried out.

Offset measures, for a relevant activity, are activities carried out to reduce the load of fine sediment, or dissolved inorganic nitrogen, in Great Barrier Reef catchment waters, or waters mentioned in subsection 1(b).

For subsections (6) and (7), a mitigation measure, or an offset measure, for a relevant activity may be carried out at the place where the relevant activity is carried out or elsewhere.

In this section—