Environmental Protection and Other Legislation Amendment Bill 2020 (Qld)

An Act to amend the Acquisition of Land Act 1967, the Environmental Protection Act 1994, the Mineral and Energy Resources (Financial Provisioning) Act 2018 and the legislation mentioned in schedule 1 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Environmental Protection and Other Legislation Amendment Act 2020.

Part 2 Amendment of Environmental Protection Act 1994

2 Act amended This part amends the Environmental Protection Act 1994. Note— See also the amendments in schedule 1.

3 Amendment of s 37 (When EIS process applies) (1) Section 37(1)(e)— renumber as section 37(1)(f). (2) Section 37(1)— insert— (e) the chief executive has, under part 3— (i) decided that an EIS would be required under this Act for an application for an environmental authority for the project; or (ii) approved the voluntary preparation of an EIS for the project; or

4 Insertion of new ch 3 , pt 3 Chapter 3— insert—

Part 3 Decision about whether EIS may be required

73 Main purpose of part and its achievement (1) The main purpose of this part is to allow a person who is considering applying for an environmental authority for a project to find out whether an EIS would be required for the application under this Act. (2) The main purpose is achieved by providing for a process for the chief executive to decide whether an EIS would be required under this Act for an application for an environmental authority (an EA application) for a project.

73A Proposed applicant may apply for decision about EIS (1) A person may apply to the chief executive— (a) for a decision about whether an EIS would be required under this Act for an EA application for a project; and (b) for approval to prepare an EIS for a project if the chief executive decides an EIS would not be required under this Act for an EA application for the project. (2) The application may be made— (a) for only a decision under subsection (1)(a); or (b) for a decision under subsection (1)(a) and, if applicable, an approval under subsection (1)(b).