Chapter 5A activities (including petroleum)
Following a legislative review, the Queensland Government amended the Environmental Protection Act 1994 and the Environmental Protection Regulation 2008. These changes came into effect on 1 January 2009.
One of many changes given effect through the amendments and the new Regulation is the introduction of an annual return and annual fee for level 2 environmental authorities for mining and petroleum activities.
An annual return is a report that describes environmental management activities at the mine site for the previous 12 months. The annual fee is payable each year on the anniversary date of the environmental authority and is for the forthcoming year. This means that an annual fee became payable for each environmental authority issued for a mining or petroleum activity that had its anniversary date after 1 January 2009.
A fact sheet (PDF, 64K)* on level 2 mining and petroleum annual returns and fees is available which provides information on where to lodge annual returns and how the annual fee can be paid. If you wish to pay in person please contact or visit one of our DERM business centres.
The Department of Environment and Resource Management (DERM) is responsible for the environmental management and regulation of chapter 5A activities through provisions of the Environmental Protection Act 1994.
An environmental authority (chapter 5A activities) is required for the following environmentally relevant activities:
- greenhouse gas storage activities; and
- petroleum activities.
Greenhouse gas storage activities are authorised by the Greenhouse Gas Storage Act 2009. Petroleum activities are authorised by the Petroleum Act 1923, the Petroleum and Gas (Production and Safety) Act 2004 and the Petroleum (Submerged Lands) Act 1982.
Each chapter 5A activity must be prescribed under the Environmental Protection Regulation 2008 as a level 1 chapter 5A activity or a level 2 chapter 5A activity, depending on the risk of environmental harm.
Applications for environmental authority (chapter 5A activities)
Applications for environmental authorities (chapter 5A activities) are submitted to Permit and Licence Management, Department of Environment and Resource Management, GPO Box 2454, Brisbane Qld 4001.
An application for an environmental authority (chapter 5A activities) for a level 1 chapter 5A activity must include site-specific environmental management plans. Level 1 chapter 5A activities are listed in schedule 5, column 1 of the Environmental Protection Regulation 2008.
A chapter 5A activity other than a level 1 chapter 5A activity is classified as a level 2 chapter 5A activity. A level 2 chapter 5A activity has a lower risk of causing environmental harm than a level 1 chapter 5A activity and requires a non-code compliant environmental authority (note: there is no code of environmental compliance for level 2 chapter 5A activities).
If an applicant applies for a non-code compliant environmental authority (chapter 5A activities) for a level 2 chapter 5A activity, they must supply enough information in support of the application to allow DERM to decide the application.
Application forms, guidelines and other information relating to chapter 5A activities are available.
Pre-design/pre-lodgement meeting service
Applicants are encouraged to enter into pre-design/pre-lodgement discussions with DERM before lodging a formal application. These discussions allow applicants to clarify information that will be required to assess an application and the process for obtaining approvals.
This service can be initiated by contacting Permit and Licence Management or by email at palm@derm.qld.gov.au or completing a Pre-design/pre-lodgement meeting application form (Word, file unavailable)‡.
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Last updated 19 July 2011