Environmental Protection (Chain of Responsibility) Amendment Bill 2016 (Qld)

An Act to amend the Environmental Protection Act 1994 for particular purposes The Parliament of Queensland enacts—

1 Short title This Act may be cited as the Environmental Protection (Chain of Responsibility) Amendment Act 2016 .

2 Act amended This Act amends the Environmental Protection Act 1994 .

3 Amendment of s 215 (Other amendments) (1) Section 215(2)— insert— (ba) another entity becomes the holder of the authority; (fa) the amendment or withdrawal of an environmental protection order; (2) Section 215(2)(ba) to (m)— renumber as section 215(2)(c) to (p). (3) Section 215— insert— (3) An amendment because of a matter mentioned in subsection (2)(c) may only be to impose a condition under section 292 requiring the holder of the environmental authority to give the administering authority financial assurance.

4 Amendment of s 332 (Administering authority may require draft program) Section 332(2)— insert— (e) an environmental protection order issued to the person or public authority has been amended or withdrawn.

5 Insertion of new ch 7, pt 5, div 1 hdg Chapter 7, part 5, before section 358— insert—

Division 1 General

6 Amendment of s 358 (When order may be issued) Section 358— insert— (f) in the circumstances stated in division 2.

7 Insertion of new ch 7, pt 5, div 2 Chapter 7, part 5, after section 363— insert—

Division 2 Issue of orders to related persons of companies

363AA Definitions for division In this division— associated entity has the meaning given by the Corporations Act, section 50AAA. financial interest, in a company, means a direct or indirect interest in— (a) shares in the company; or (b) a mortgage, charge or other security given by the company; or (c) income or revenue of the company. high risk company means— (a) a company that is an externally-administered body corporate within the meaning given by the Corporations Act, section 9; or (b) a company that is an associated entity of a company mentioned in paragraph (a). holding company see the Corporations Act, section 9. interest means a legal or equitable interest. related person see section . relevant activity, in relation to a company, means an environmentally relevant activity— (a) that was, or is being, carried out by the company under an environmental authority; or (b) that was, or is being, carried out by the company and has caused, or is causing or likely to cause, environmental harm.