Independent Review of Powers and Penalties under the Environmental Protection Act

The Independent Review of Powers and Penalties under the Environmental Protection Act conducted by retired Judge Richard Jones and Barrister Susan Hedge is a vital and welcomed piece of work which has made recommendations that will improve the operation of the Act for Queensland and our community.

To learn more about these recommendations, please see our previous update at www.sandybolton.com/independent-review-of-powers-and-penalties-under-the-environmental-protection-act-june-2023.

In response to our recent letter to the Minister for the Environment, the following has been provided (in italics):

On 26 May 2023, the Queensland Government released its response to the recommendations in the review and I am pleased to say the Government supported or supported in-principle all of the recommendations. Amendments to the EP Act in the Environmental Protection and Other Legislation Amendment Act 2023 have already delivered two of the recommended changes. The response is available at https://environment.des.qld.gov.au/management/policy-regulation/independent-review.

The Government’s response is intended to precede a detailed public consultation paper on how the recommendations supported by the Government are to be given effect. The feedback received during consultation will be considered in the development of the necessary amendments to legislation.

The Queensland Government has supported in-principle the recommendation to expand powers to amend environmental authority conditions. This reflects the finding of the review that to amend an environmental authority holder’s existing conditions has the potential to have significant adverse impacts on the economic viability of an activity. The consultation will seek to identify the most appropriate way to ensure conditions remain fit-for-purpose having regard to associated regulatory impact.

Independent Environmental Protection Agency

At the same time, advocacy continues for an independent Environmental Protection Authority (EPA) in Queensland, to address failings in our current system of environmental protections.

We also covered this in our recent letter to the Minister for the Environment, who provided the following in response (in italics):

Regarding the review into establishing an independent environmental protection agency for Queensland, I am advised that all investigation and consultation activities have been completed and advice has been provided to the Queensland Government for consideration.

Please see our previous update at www.sandybolton.com/independent-environmental-protection-agency-march-2023 to learn more about an IEPA including our efforts and those of many others to see it established.

Sandy’s speech on this is available at https://documents.parliament.qld.gov.au/speeches/spk2022/Sandy_Bolton-Noosa-20221012-909819656890.pdf.

Further information

Further direct advocacy regarding this or any other matters related to the Environment can be directed to the QLD Minster for Environment via environment@ministerial.qld.gov.au and please cc’ our office in via noosa@parliament.qld.gov.au and forward any response you receive to us.