Annex to the Annual Report 27 March – 30 June 2009 Department of Environment and Resource Management Contents Purpose of the annex Administration of the Reports on the administration of four (4) pieces of Environmental Protection Act 1994 1legislation administered by the Department of Environment and Resource Management (DERM) are Administration of the provided in this annex to the department’s annual Nature Conservation Act 1992 13 report. It has been prepared to allow the Queensland Administration of the Parliament—through the Minster for Natural Resources, Marine Parks Act 2004 41 Mines and Energy and Minister for Trade, and the Administration of the Minister for Climate Change and Sustainability— Water Supply (Safety and Reliability) Act 2008 42 to assess the performance of DERM in relation to this legislation. Newstead House: Board of Trustees report 44 The annex also includes the annual report and fi nancial Newstead House fi nancial statements 46 statements for Newstead House, prepared by its Board of Trustees. This publication can be accessed and downloaded from ii the DERM website. Alternatively, hard copies of the document can be obtained by emailing ANNEX [email protected]. Your feedback The annual report and its annex are important documents representing communication and accountability. The department values comments and welcomes feedback from readers. To provide feedback, please complete the electronic survey available at <www.derm.qld.gov.au>. Printed on 100% recycled paper Published by: Phone: +61 7 3227 8311 Department of Environment and Resource Management Email: [email protected] GPO Box 2454 Brisbane Qld 4001 If you need to access this report in a language other than English, please call the Translating and Interpreting © The State of Queensland (Department of Environment Service (TIS National) on 131 450 and ask them to and Resource Management) 2009 telephone the department’s Library Services on +61 7 3224 8412. The department authorises the reproduction of textual material in this report, whole or in part and in any form, Published October 2009 provided the appropriate acknowledgement is given. ISBN 978-1742300306 Contact Communication Services if an alternative # 29012 format is required. DEPARTMENT OF ENVIRONMENT AND RESOURCE MANAGEMENT Report on the administration of the During the 2008–09 reporting year there were Environmental Protection Act 1994 signifi cant changes to the legislation. The (for the reporting period 1 July 2008 – 30 June 2009) Environmental Protection Regulation 1998, the Environmental Protection (Air) Policy 1997 and the The Environmental Protection Act 1994 protects Environmental Protection (Noise) Policy 1997 were Queensland’s environment while allowing for repealed and replaced with new subordinate legislation sustainable development. The Act is jointly from 1 January 2009. administered by the State and local governments and provides for an annual report to the parliament on the Environmentally relevant activities administration of the Act. The administration of activities under the Act may be summarised as follows: The Act defi nes three types of environmentally relevant activities (ERAs). These are Chapter 4 activities, mining Administration by the State activities and Chapter 5A activities. Chapter 4 activities Environmentally relevant activities (ERAs) 10 912 administered are generally industrial or commercial activities that Compliance inspections 2630 may release contaminants that may cause Statutory compliance and infringement notices 334 environmental harm other than as part of a mining or petroleum or gas project. Mining activities include Complaints received 2898 1 exploration, extraction, rehabilitation and similar Administration by local governments activities that are authorised under the Mineral Environmentally relevant activities 10 370 (ERAs) administered Resources Act 1989. Chapter 5A activities are ANNEX Statutory compliance and infringement notices 3945 petroleum and gas activities and greenhouse gas Complaints received 18 730 storage activities. Administering authorities The object of the Environmental Protection Act 1994 is to protect Queensland’s environment while allowing for The Act is administered in partnership with local development that improves the total quality of life, governments and other government departments. both now and in the future, in a way that maintains the Chapter 11 of the Act provides for the administration of ecological processes on which life depends (ecologically the Act to be devolved or delegated to local sustainable development). governments or delegated to other agencies. The Act provides that protecting Queensland’s All local governments have been devolved environment is to be achieved by an integrated responsibility for environmental nuisance, noise management program consistent with ecologically standards, prescribed water contamination and sustainable development. The Department of particular Chapter 4 activities. All local governments Environment and Resource Management (DERM) has also have a delegated responsibility for the enforcement responsibility for the overall administration of the Act, and management of litter and illegal waste disposal. which includes the following subordinate legislation: The Department of Employment, Economic • Environmental Protection Regulation 2008 Development and Innovation (DEEDI) has been • Environmental Protection (Waste Management) delegated powers for administering the Act for cattle Regulation 2000 feedlots, piggeries, dairy farming and livestock holding • Environmental Protection (Air) Policy 2008 facilities. • Environmental Protection (Noise) Policy 2008 Annual reporting requirement • Environmental Protection (Waste Management) Policy 2000 The Act provides for annual reporting on the • Environmental Protection (Water) Policy 2009. administration of the Act. Each administering authority other than the chief executive is required to report to the chief executive within four months of the end of the fi nancial year. The chief executive then provides a report to the Minister for tabling in parliament within four months of the end of the fi nancial year. ANNEX TO THE ANNUAL REPORT | 27 MARCH – 30 JUNE 2009 Environmentally relevant activities The development approval or the environmental authority may contain conditions relevant to the ERAs are Chapter 4 activities, mining activities or activity. These conditions are designed to prevent or Chapter 5A activities (as described on page 1). The minimise environmental harm from the operation of assessment process and approval requirement for ERAs the activity. varies according to type: • A Chapter 4 activity, other than an activity to which Table 3: Assessments completed a code of environmental compliance applies, requires a development permit issued under the Project Type Assessment process Integrated Planning Act 1997 (IP Act) and Gladstone Nickel mineral EIS under SD&PWO Act processing registration certifi cate issued under the Act. Hinze Dam water supply EIS under SD&PWO Act • A mining activity or a Chapter 5A activity requires stage 3 an environmental authority issued under the Act. Roseberry metalliferous Voluntary EIS under EP Act Copper mine The number and type of ERAs administered is given in Watershed metalliferous Voluntary EIS under EP Act table 1 and the number of approvals given in 2008–09 Tungsten mine is shown in table 2. Wyaralong Dam water supply EIS under SD&PWO Act 2 Gladstone LNG liquefi ed EIS under EP Act Ltd natural gas Table 1: ERAs administered Isaac Plains Coal coal mine Voluntary EIS under EP Act ANNEX DERM DEEDI Local Total government Table 4: Assessments in progress Chapter 4 5606 1440 10 370 17 416 activities Project name Type Assessment process Mining activities 4958 – – 4958 Alpha Coal – coal mine EIS under SD&PWO Act Chapter 5A 348 – – 348 Hancock activities Airport Link road change report EIS under SD&PWO Act Total 10 912 1440 10 370 22 722 tunnel Aurukun Bauxite mine and port EIS under SD&PWO Act development Table 2: Environmental authorities1 issued Bell Creek metalliferous Voluntary EIS under EP Act Nornico mine DERM DEEDI Local Total Boundary Hill coal mine EIS under EP Act government Coal Chapter 4 1258 49 652 1959 Bowen Basin coal mines EIS under SD&PWO Act activity permits Coal Growth or concurrence Project responses Cannington metalliferous Voluntary EIS under EP Act Registration 1504 43 930 2477 Mine expansion mine certifi cates Cloncurry metalliferous Voluntary EIS under EP Act Mining activity 666 459 – 1125 Copper mine authorities Connors River water supply EIS under SD&PWO Act Chapter 5A 47 – – 47 Dam authorities Dugald River metalliferous Voluntary EIS under EP Act Total 3475 551 1582 5608 Mine mine Note: Eagle Downs coal mine EIS under EP Act 1 Coal The activities devolved to local government are listed in s101 of the Environmental Protection Regulation 2008. Eaglefi eld Coal coal mine Voluntary EIS under EP Act East Coast mineral EIS under SD&PWO Act The assessment process for some of the higher risk Alumina Refi nery processing activities is varied to provide for a more intensive Einasleigh metalliferous Voluntary EIS under EP Act assessment process or environmental impact statement. Copper mine These are conducted through extensive environmental Ella Bay resort EIS under SD&PWO Act Integrated impact assessment processes under the Act or through Resort advice to the Coordinator-General under the State Ellensfi eld Coal coal mine Voluntary EIS under EP Act Development and Public