Environmental Protection (Powers and Penalties) and Other Legislation Amendment Bill 2024 (Qld)

An Act to amend the Environmental Protection Act 1994, the Environmental Protection Regulation 2019 and the State Penalties Enforcement Regulation 2014 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Environmental Protection (Powers and Penalties) and Other Legislation Amendment Act 2024.

2 Commencement Sections 49 and 50 commence immediately after the commencement of the Environmental Protection and Other Legislation Amendment Act 2023, section 121.

Part 2 Amendment of Environmental Protection Act 1994

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

4 Amendment of s 4 (How object of Act is to be achieved) Section 4(6)(b), 'all reasonable and practicable measures'— omit, insert— all reasonably practicable measures

5 Amendment of s 6 (Community involvement in administration of Act) Section 6, 'Aborigines and Torres Strait Islanders'— omit, insert— Aboriginal peoples and Torres Strait Islander peoples

6 Insertion of new s 6A After section 6— insert—

6A Principles of environmental protection (1) This Act is to be administered having regard to— (a) the following principles of environmental policy as set out in the Intergovernmental Agreement on the Environment— (i) the precautionary principle; (ii) intergenerational equity; (iii) conservation of biological diversity and ecological integrity; (iv) improved valuation, pricing and incentive mechanisms (which includes the principle known as the principle of polluter pays); and (b) 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 (c) the principle (known as the principle of primacy of prevention) that prevention of harm to the environment is preferred to remedial or mitigation measures. (2) 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— (a) must consider, or have regard to, the standard criteria; and (b) need not but may consider, or have regard to, any other principle mentioned in subsection (1).