As outlined in our recent article ‘Environmental protections strengthened with new Powers and Penalties Bill‘, the Environmental Protection (Powers and Penalties) and Other Legislation Amendment Act 2024 (Powers and Penalties Act) introduces significant changes to the Environmental Protection Act 1994 (Qld) (EP Act).

Notice of proposed amendments (NOPA) process

The Powers and Penalties Act amends the decision-making process for a ‘notice of proposed amendment’ in respect of environmental authorities (EAs) and Progressive Rehabilitation and Closure Plan (PRCP) schedules.

Chapter 5, Part 6 of the EP Act details the process for changes to EAs and PRCP schedules driven by the administering authority.

Under section 217 of the EP Act, if the administrating authority seeks to make changes to an environmental authority (for example, to include updated model conditions or definitions), the administrating authority is required to give notice of the proposed amendments to the authority-holder, identifying the grounds, facts, and circumstances, and giving the authority-holder the opportunity to make written representations as to why the proposed amendment ought not be made.

The administrating authority is then required to consider any written representation made (section 218 of the EP Act) before it makes a decision on the proposed amendment (section 219 of the EP Act).

Changes to the NOPA decision-making process

The Powers and Penalties Act amends section 219 to allow the administering authority to revise a proposed amendment as a result of written submissions made by the authority holder.

The administering authority can subsequently include the revised amended condition in the EA or PRCP schedule without the need to seek further submissions from the holder.

Policy objectives

The explanatory memorandum for the Powers and Penalties Act noted that the purpose of the proposed amendments is to provide flexibility in the NOPA process to make ‘limited variations’ to the amendment proposal in response to the holder’s submissions, prior to the final decision being made. 

The explanatory memorandum notes that the purpose of the changes is for efficiency, and to avoid duplication, especially in circumstances where minor variations are proposed.

Impacts of new amendment powers

The further change power is cast in relatively broad terms and will not be confined to the changes requested by the authority holder.  We expect that the administering authority will be conservative and judicious in the exercise of this new power to make further limited amendments to an environmental authority without consultation. 

This flexibility does however pose a risk that changes will be made contrary to the interests or specific operational requirements for an authority holder.  There remains an internal review and appeal process that will provide checks and balances for this expanded amendment power.

We will be eagerly monitoring the impact of these amendments for our clients.  As with many of the recent amendments to the EP Act, it will be interesting to see how the implementation of the amendments are balanced with operator collaboration to promote a transparent regulatory environment.

If you would like to learn more about the changes, contact our Planning and Environment Team, or register your interest for a seminar or webinar on the Powers and Penalties Act changes here.

We will be publishing more articles on changes to environmental legislation. For related articles on the recent changes under the Powers and Penalties Act, see below:

Our previous articles on environmental regulation include: