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TitleEnvironmental Protection Regulation 2008
LanguageEnglish
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Total Pages247
Table of Contents
                            Queensland
Contents
Chapter 1 Preliminary
	1 Short title
	2 Commencement
	3 Definitions
Chapter 2 Environmental impact statements
Part 1 Preliminary
	4 Types of project requiring Commonwealth or State authority approval
Part 2 EIS process
	5 Application of pt 2
	6 Prescribed matters for draft terms of reference—Act, s 41(2)(d)
	7 Prescribed matters for TOR notice and EIS notice—Act, ss 42(2)(f) and 52(1)(g)
	8 Prescribed way for publishing TOR notice and EIS notice
	9 Prescribed matters for EIS assessment report—Act, s 59(e)
	10 Other requirements for EIS process
Part 3 Prescribed periods for chapter 3 of the Act
	11 Period to advise chief executive about draft terms of reference—Act, s 45
	12 Period for finalising terms of reference—Act, s 46
	13 Period for deciding whether EIS may proceed—Act, s 49
Chapter 3 Environmentally relevant activities
Part 1 Chapter 4 activities
	14 What is the aggregate environmental score for a chapter 4 activity
	15 Meaning of scheduled area
	16 Meaning of year for carrying out chapter 4 activity
	17 Activities prescribed as environmentally relevant activities—general
	18 Exempt environmentally relevant activity—Act, s 73AA
	19 Other prescribed activities—Act, s 73AA
	20 Prescribed activity for requirement for financial assurances—Act, s 364
	21 Untreated clinical waste disposal
	22 Codes of environmental compliance for chapter 4 activities
	22A Prescribed circumstances for adding, changing or cancelling a development condition of particular approvals—Act, s 73C
Part 1A Agricultural ERAs
	22B Application of div 1
	22C Prescribed methodology for optimum nitrogen and phosphorus amounts—Act, s 80
	22D Prescribed intervals for soil testing—Act, s 81
	22E Prescribed methodology for soil testing—Act, s 81
	22F Prescribed matters for agricultural ERA record—Act, s 83
Part 2 Chapter 5A activities
	23 Chapter 5A activities prescribed as level 1 and 2 chapter 5A activities
	24 What is the aggregate environmental score for a level 1 chapter 5A activity
	24AA Prescribed matters for environmental management plan—Act, s 310D
	24AB Prescribed circumstance for amending environmental authority (chapter 5A activities)—Act, s 312E
Part 3 Mining activities
	24A Definitions for pt 3
	25 What is a category A environmentally sensitive area
	26 What is a category B environmentally sensitive area
	27 Meaning of riverine area
	28 What is significantly disturbed land
	29 Criteria for mining activities forming level 1 or level 2 mining projects—Act, s 151
	30 Criteria under any environmental authority (mining activities)
	31 Criteria under environmental authority (mining lease)
	32 Criteria under other environmental authorities (mining activities)
	33 What is the aggregate environmental score for a level 1 mining project
	34 Codes of environmental compliance for mining activities
	35 Refusal period for application—Act, s 173
	36 Period for giving draft environmental authority—Act, s 175
	37 Assessment period for EM plan assessment report—Act, s 191
	38 Period for decision—Act, s 193
	39 Assessment period for EM plan assessment report—Act, s 205
	40 Refusal period for application—Act, s 207
	41 Period for assessment level and EIS decisions—Act, s 246
	42 Period for deciding amendment application—Act, s 257
	43 Period for surrender application—Act, s 270
	44 Period for giving FRR assessment report—Act, s 276
	45 Period for deciding surrender application—Act, s 277
Chapter 4 Regulatory requirements
Part 1 Preliminary
	46 Purpose of ch 4
	47 Definitions for ch 4
	48 Meaning of environmental management decision
	49 Meaning of monitoring
Part 2 Regulatory requirements for all environmental management decisions
	50 Application of pt 2
	51 Matters to be considered for environmental management decisions
	52 Conditions to be considered for environmental management decisions
	53 Matters to be considered for decisions imposing monitoring conditions
Part 3 Additional regulatory requirements for particular environmental management decisions
	54 Application of pt 3
	55 Release of water or waste to land
	56 Release of water, other than stormwater, to surface water
	57 Release of stormwater
	58 Release of water or waste to wetlands for treatment
	59 Activity involving berthing, docking or mooring a boat
	60 Activity involving storing or moving bulk material
	61 Activity involving acid sulfate soil
	62 Activity involving acid-producing rock
	63 Activity involving direct release of waste to groundwater
	64 Activity involving indirect release of contaminants to groundwater
	64A Generating waste
	64B Transporting waste
	64C Receiving waste
	64D Activity involving the use or disposal of coal seam gas water
Chapter 5 Matters relating to environmental management and environmental offences
Part 1 Regulated waste
	65 What is regulated waste
Part 1A Public notice for notifying environmental harm
	65A Prescribed matters for Act, s 320, definition public notice
Part 2 Contaminated land
	66 Prescribed organisations for contaminated land matters—Act, ss 381, 395 and 410
	67 Prescribed waste for notifiable activity—Act, sch 3
Part 3 Noise
	68 Prescribed standards for particular noise standards
	69 Purpose of div 2
	70 Definition for div 2
	71 Measuring background level
	72 Measuring source noise
	73 Measuring source noise for particular noise standards
	74 Measurement of noises of same type from same premises
	75 Prescribed instruments—Act, s 490(8)
	76 Evidentiary provision
Part 4 Water contamination
	77 Prescribed water contaminants for Act, ch 8, pt 3C
Part 5 Air contamination
	78 Prescribed standard for particular offences relating to air contamination
Part 6 Record keeping requirements for particular fuel suppliers
	79 Application of pt 6
	80 Records kept by manufacturer
	81 Records kept by importer
Part 7 Wetlands
	81A Environmental values for wetlands
Part 8 Statutory condition for environmental authority (chapter 5A activities)
	81B Prescribed maximum amount for chemicals—Act, s 312W
Chapter 6 National Pollutant Inventory
Part 1 Preliminary
	82 Purpose of ch 6
	83 Definitions for ch 6
	84 Expressions in this part have same meaning as under NPI NEPM
Part 2 Reporting requirements
	85 Occupiers of reporting facilities to give information
	86 Reporting period for reporting facility
	87 Occupier must keep particular information for 3 years
	88 Minister may name occupier in report to council
Part 3 Estimation techniques for emission and transfer data
	89 Occupier of reporting facility must use estimation technique
	90 When chief executive may approve estimation technique
	91 Application for approval of estimation technique
	92 Deciding estimation technique application
	93 Approval of estimation technique on chief executive’s initiative
Part 4 Exceptions to reporting requirements
	94 Exemption on ground of national security
	95 Claiming exemption on ground of commercial confidentiality
	96 Deciding claim for exemption on ground of commercial confidentiality
	97 Information not to be used as evidence
Chapter 7 Administration
Part 1 Devolution of powers
	98 Environmental nuisance
	99 Noise standards
	100 Water contamination
	101 Particular chapter 4 activities
	102 Devolution includes statutory instruments under Act
	103 Clean-up and cost recovery notices
	104 Record keeping for particular fuel suppliers
	105 Enforcing compliance with NPI NEPM
	106 Particular acts, omissions or activities by State or local government entity
	107 Mobile and temporary activity across local government areas
	108 Activity carried out at a facility with a non-devolved activity
Part 2 Enforcement
	109 Authorised persons—Act, s 445
Part 3 Review of decisions and appeal
	110 Original decisions and dissatisfied persons
Part 4 Registers
	111 Register of environmental reports
	112 Register of monitoring program results
	113 Register of transitional environmental programs
	114 Register of environmental protection orders
	115 Register of authorised persons
Chapter 8 Fees
Part 1 Fees generally
	116 Fees payable under Act
Part 2 Fees for devolved matters
	117 Fees and discounts made by resolution or local law
Part 3 Annual fees
	118 Meaning of annual fee
	119 Annual fee to accompany particular applications
	120 Annual fee for particular development applications, registration certificates and environmental authorities
	121 Purpose of div 2
	122 Definitions for div 2
	123 What is an approved EMS
	124 Who is an approved partner
	125 What is a lower emissions score
	126 Eligibility for payment of a reduced annual fee
	127 What is the reduced annual fee
	128 Application of sdiv 3
	129 Offence to pay reduced annual fee if not eligible
	130 Requirement to keep records for reduced annual fee
	131 Authorised person may require holder to give information or documents
	132 Requirement to notify change of eligibility
	133 Refunding difference between annual fee and reduced fee
	134 When supplementary annual fee payable
	135 Credit for annual fee for environmental authority after amendment
	136 Refund of annual fee if application refused
	137 Refund of annual fee if replacement environmental authority issued
	137A Refund of annual fee if environmental authorities amalgamated
Part 4 Other particular fees
	138 Fee for anniversary changeover application
	139 Fee for late payment of annual fee
	140 Fees for transitional environmental programs
Part 5 Special provision for registration certificate fees
	141 Circumstances under which fee for registration certificate reduced or not payable
Part 6 Exemptions
	142 Administering authority exempt from fees for self-administered activities
	143 Prescribed local government exempt from fees
	144 Prescribed charitable institution exempt from fees
	144A Exemption from payment of annual fee if relevant mining tenement not granted
	144B Holders of particular environmental authorities exempt from annual fee
Part 7 Refund of application fees
	144C Refund of application fee for particular environmental authority if application for relevant mining tenement refused
Chapter 8A Miscellaneous
	144D Limited amendment of Map of referable wetlands
Chapter 9 Repeal, transitional and savings provisions
Part 1 Repeal
	145 Repeal of regulation
Part 2 Transitional and savings provisions for SL No. 370 of 2008
	146 Definitions for pt 2
	147 General matters for environmentally relevant activities
	148 Existing development approvals and registration certificates
	149 Existing applications
	150 Activities that are no longer environmentally relevant activities
	151 Changes to environmentally relevant activities
	152 Existing environmental authorities
	153 Changes to environmentally relevant activities
	154 Existing applications
	155 Particular approvals continue in force for 2 years
	156 Administration and enforcement of particular former environmentally relevant activities devolved to local government
	157 Codes of environmental compliance for former environmentally relevant activities
	158 Delayed application of fees payable under ch 8
	159 References to repealed regulation
Part 3 Transitional provisions for members of QR group
	160 Definitions for pt 3
	161 Application of s 106 to member of QR Group during interim period
	162 Application of s 106 to member of QR Group after change of ownership
Part 4 Transitional provision for Environmental Protection Legislation Amendment Regulation (No. 1) 2010
	163 Administering authority to refund portion of particular annual fees
Part 5 Transitional provision for Environmental Protection Amendment Regulation (No. 1) 2011
	164 Administering authority to refund particular application and annual fees
Part 6 Transitional provisions for Environmental Protection Amendment Regulation (No. 4) 2011
	165 Administering authority to refund portion of particular EIS fees
	166 Particular persons exempt from payment of EIS fee
	167 Administering authority to refund portion of particular annual fees
Schedule 1
	Matters to be addressed by assessment under EIS
Schedule 2
	Chapter 4 activities and aggregate environmental scores
Part 1 Aquaculture and intensive animal industry
	1 Aquaculture
	2 Intensive animal feedlotting
	3 Pig keeping
	4 Poultry farming
Part 2 Chemical, coal and petroleum products activities
	5 Alcohol production
	6 Asphalt manufacturing
	7 Chemical manufacturing
	8 Chemical storage
	9 Hydrocarbon gas refining
	10 Gas producing
	11 Oil refining or processing
	12 Plastic product manufacturing
	13 Tyre manufacturing or retreading
Part 3 Energy related services
	14 Electricity generation
	15 Fuel burning
Part 4 Extractive activities
	16 Extractive and screening activities
Part 5 Fabricated metal product activities
	17 Abrasive blasting
	18 Boilermaking or engineering
	19 Metal forming
	20 Metal recovery
	21 Motor vehicle workshop operation
Part 6 Food processing
	22 Beverage production
	23 Bottling and canning
	24 Edible oil manufacturing or processing
	25 Meat processing
	26 Milk processing
	27 Seafood processing
	28 Sugar milling or refining
Part 7 Metal production and mineral processing activities
	29 Metal foundry operation
	30 Metal smelting and refining
	31 Mineral processing
Part 8 Miscellaneous activities
	32 Battery manufacturing
	33 Crushing, milling, grinding or screening
	34 Mushroom growing substrate manufacture
	35 Plaster manufacturing
	36 Pulp or paper manufacturing
	37 Printing
	38 Surface coating
	39 Tanning
	40 Textile manufacturing
Part 9 Non-metallic mineral product manufacture
	41 Cement manufacturing
	42 Clay or ceramic products manufacturing
	43 Concrete batching
	44 Glass or glass fibre manufacturing
	45 Mineral wool or ceramic fibre manufacturing
Part 10 Sawmilling, woodchipping and wooden product manufacturing
	46 Chemically treating timber
	47 Timber milling and woodchipping
	48 Wooden and laminated product manufacturing
Part 11 Transport and maritime services
	49 Boat maintenance or repair
	50 Bulk material handling
	51 Road tunnel ventilation stack operation
Part 12 Waste management
	52 Battery recycling
	53 Composting and soil conditioner manufacturing
	54 Drum and container reconditioning
	55 Regulated waste recycling or reprocessing
	56 Regulated waste storage
	57 Regulated waste transport
	58 Regulated waste treatment
	59 Tyre recycling
	60 Waste disposal
	61 Waste incineration and thermal treatment
	62 Waste transfer station operation
Part 13 Water treatment services
	63 Sewage treatment
	64 Water treatment
Schedule 3
	Codes of environmental compliance
Schedule 4
	Scheduled areas
Schedule 5
	Level 1 chapter 5A activities and their aggregate environmental scores
Schedule 6
	Aggregate environmental scores for level 1 mining projects
Schedule 7
	Regulated waste
Schedule 8
	Prescribed organisations
Schedule 9
	Prescribed water contaminants
Schedule 10
	Fees
Schedule 11
	Prescribed environmental management systems
Schedule 12
	Dictionary
Part 1 Extended definitions
	1 Meaning and calculation of equivalent passenger unit
	2 Meaning and calculation of standard cattle unit
	3 Meaning and calculation of standard pig unit
	4 Meaning and calculation of standard sheep unit
	5 Meaning of watercourse
Part 2 Other definitions
1 Index to endnotes
2 Date to which amendments incorporated
3 Key
4 Table of reprints
5 List of legislation
6 List of annotations
                        
Document Text Contents
Page 1

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Queensland

Environmental Protection Act 1994

Environmental Protection
Regulation 2008

Reprinted as in force on 9 November 2012

Reprint No. 2F

This reprint is prepared by
the Office of the Queensland Parliamentary Counsel

Warning—This reprint is not an authorised copy

Page 2

Information about this reprint
This regulation is reprinted as at 9 November 2012. The reprint—
• shows the law as amended by all amendments that commenced on or before that day

(Reprints Act 1992 s 5(c))
• incorporates all necessary consequential amendments, whether of punctuation,

numbering or another kind (Reprints Act 1992 s 5(d)).

The reprint includes a reference to the law by which each amendment was made—see list
of legislation and list of annotations in endnotes. Also see list of legislation for any
uncommenced amendments.

This page is specific to this reprint. See previous reprints for information about earlier
changes made under the Reprints Act 1992. A table of reprints is included in the endnotes.

Also see endnotes for information about when provisions commenced.

Spelling

The spelling of certain words or phrases may be inconsistent in this reprint or with other
reprints because of changes made in various editions of the Macquarie Dictionary (for
example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling
will be updated in the next authorised reprint.

Dates shown on reprints

Reprints dated at last amendment All reprints produced on or after 1 July 2002,
authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last
date of amendment. Previously reprints were dated as at the date of publication. If an
authorised reprint is dated earlier than an unauthorised version published before 1 July
2002, it means the legislation was not further amended and the reprint date is the
commencement of the last amendment.

If the date of an authorised reprint is the same as the date shown for an unauthorised
version previously published, it merely means that the unauthorised version was published
before the authorised version. Also, any revised edition of the previously published
unauthorised version will have the same date as that version.

Replacement reprint date If the date of an authorised reprint is the same as the date
shown on another authorised reprint it means that one is the replacement of the other.

Page 123

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[s 146]

Environmental Protection Regulation 2008
Chapter 9 Repeal, transitional and savings provisions

Part 2 Transitional and savings provisions for SL No. 370 of 2008
Part 2 Transitional and savings
provisions for SL No. 370 of
2008

Division 1 Preliminary

146 Definitions for pt 2

In this part—

anniversary day, for a development approval or registration
certificate, means the first anniversary day for the approval or
certificate after the commencement.

commencement means the commencement of this section.

former environmentally relevant activity means an
environmentally relevant activity mentioned in the repealed
regulation, schedule 1, under the heading ‘Environmentally
relevant activity’, immediately before the commencement.

former ERA, for an item mentioned in this part, means the
item to which the reference relates is an item mentioned in the
repealed regulation, schedule 1, under the heading
‘Environmentally relevant activity’, immediately before the
commencement.

Example—

Former ERA 1 is the repealed regulation, item 1 (Aquaculture and
agricultural activities).

repealed regulation means the repealed Environmental
Protection Regulation 1998.
Reprint 2F effective 9 November 2012 Page 121

Page 124

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[s 147]

Environmental Protection Regulation 2008
Chapter 9 Repeal, transitional and savings provisions
Part 2 Transitional and savings provisions for SL No. 370 of 2008



Division 2 Transitional provisions about

environmentally relevant activities

Subdivision 1 General

147 General matters for environmentally relevant activities

(1) This section is subject to section 148 and subdivision 2.

(2) A reference in an Act or document to a former
environmentally relevant activity mentioned in column 1 of
the table below subsection (3) (a column 1 ERA) may, from
the commencement and if the context permits, be taken to be a
reference to an environmentally relevant activity mentioned in
column 2 of the table (a column 2 ERA) opposite the column
1 ERA.

(3) However, if an aspect of a column 1 ERA (the relevant
aspect) is mentioned in column 1 of the table, a reference in
an Act or document to the column 1 ERA may, to the extent
the column 1 ERA involved the relevant aspect and if the
context permits, be taken to be a reference to the column 2
ERA opposite the relevant aspect.

Column 1 ERA Column 2 ERA
Aquaculture and agriculture
activities

Part 1—Aquaculture and intensive
animal industry

1 Aquaculture 1 Aquaculture

2 Cattle feedlotting 2 Intensive animal feedlotting

3 Pig farming 3 Pig keeping

4 Poultry farming 4 Poultry farming

Chemical, coal and petroleum
products activities

Part 2—Chemical, coal and
petroleum products activities

5 Alcohol distilling 5 Alcohol production

6 Chemical manufacturing,
processing or mixing

7 Chemical manufacturing

7 Chemical storage 8 Chemical storage

8 Coke producing 31 Mineral processing

9 Gas production 10 Gas producing
Page 122 Reprint 2F effective 9 November 2012

Page 246

Endnotes

Environmental Protection Regulation 2008
Sewage treatment
s 63 amd 2009 SL No. 145 s 14(19); 2010 SL No. 363 s 13(2)

Water treatment
s 64 amd 2009 SL No. 304 s 7(7)–(8)

SCHEDULE 3—CODES OF ENVIRONMENTAL COMPLIANCE
amd 2009 SL No. 145 s 2 sch; 2009 SL No. 304 s 8; 2010 SL No. 328 s 3;

2011 SL No. 80 s 3; 2012 SL No. 196 s 8

SCHEDULE 4—SCHEDULED AREAS
amd 2009 SL No. 145 s 2 sch; 2010 SL No. 13 s 5

SCHEDULE 5—LEVEL 1 CHAPTER 5A ACTIVITIES AND THEIR
AGGREGATE ENVIRONMENTAL SCORES

sch hdg amd 2009 SL No. 145 s 15(1)
sch 5 amd 2009 SL No. 145 s 15(2)–(3)

SCHEDULE 7—REGULATED WASTE
amd 2009 SL No. 145 s 2 sch; 2011 SL No. 231 s 49 sch 9 s 22

SCHEDULE 9—PRESCRIBED WATER CONTAMINANTS
amd 2009 SL No. 145 s 2 sch

SCHEDULE 10—FEES
amd 2009 SL No. 145 s 16; 2009 SL No. 280 s 72; 2010 SL No. 76 s 6
sub 2010 SL No. 162 s 12
amd 2010 SL No. 363 s 14
sub 2011 SL No. 135 s 12
amd 2011 SL No. 246 s 5; 2011 SL No. 248 s 13
sub 2012 SL No. 114 s 8

SCHEDULE 11—PRESCRIBED ENVIRONMENTAL MANAGEMENT SYSTEMS
prev sch 11 om R1 (see RA s 40)
pres sch 11 ins 2012 SL No. 196 s 9

SCHEDULE 12—DICTIONARY
PART 2—OTHER DEFINITIONS

def “AES” ins 2009 SL No. 145 s 17(2)
def “aggregate environmental score” amd 2009 SL No. 145 s 2 sch
def “alluvial mining” ins 2010 SL No. 363 s 15(2)
def “bed” sub 2009 SL No. 145 s 17(1)–(2)
def “biological integrity” ins 2010 SL No. 76 s 7

sub 2012 SL No. 41 s 6(1)–(2)
def “category A environmentally sensitive area” sub 2010 SL No. 363 s

15(1)–(2)
def “category B environmentally sensitive area” sub 2010 SL No. 363 s

15(1)–(2)
def “change of ownership” ins 2010 Act No. 19 s 34

amd 2010 SL No. 363 s 15(3)
def “clay pit mining” ins 2010 SL No. 363 s 15(2)
def “coal seam gas” ins 2012 SL No. 41 s 6(2)
Page 244 Reprint 2F effective 9 November 2012

Page 247

Endnotes

Environmental Protection Regulation 2008
def “coal seam gas water” ins 2012 SL No. 41 s 6(2)
def “coal seam gas water management system” ins 2012 SL No. 41 s 6(2)
def “commencement” ins 2010 Act No. 19 s 34

amd 2010 SL No. 363 s 15(3)
def “conformity assessment body” ins 2009 SL No. 145 s 17(2)
def “dangerous goods” ins 2011 SL No. 46 s 8
def “dimension stone mining” ins 2010 SL No. 363 s 15(2)

sub 2011 SL No. 248 s 14
def “floodwater” ins 2009 SL No. 145 s 17(2)
def “Great Barrier Reef wetland protection area” ins 2010 SL No. 76 s 7

om 2011 SL No. 246 s 6(1)
def “hard rock mining” ins 2010 SL No. 363 s 15(2)
def “interim period” ins 2010 Act No. 19 s 34

amd 2010 SL No. 363 s 15(3)
def “JAS-ANZ” ins 2009 SL No. 145 s 17(2)
def “limited regulated waste” amd 2009 SL No. 145 s 17(3)–(5)
def “Map of referable wetlands” ins 2011 SL No. 246 s 6(2)
def “member of QR Group” ins 2010 Act No. 19 s 34

amd 2010 SL No. 363 s 15(3)
def “non-urban purposes” ins 2010 SL No. 76 s 7
def “opal mining” ins 2010 SL No. 363 s 15(2)
def “QR Limited” ins 2010 Act No. 19 s 34

amd 2010 SL No. 363 s 15(3)
def “related body corporate” ins 2010 Act No. 19 s 34

amd 2010 SL No. 363 s 15(3)
def “riverine area” ins 2010 SL No. 363 s 15(2)
def “shallow pit mining” ins 2010 SL No. 363 s 15(2)
def “significantly disturbed” ins 2010 SL No. 363 s 15(2)
def “storing” ins 2011 SL No. 46 s 8
def “trade waste approval” om 2009 SL No. 304 s 9
def “Treasurer” ins 2010 Act No. 19 s 34

amd 2010 SL No. 363 s 15(3)
def “urban purposes” ins 2010 SL No. 76 s 7
def “waste and resource management hierarchy” ins 2011 SL No. 231 s 49

sch 9 s 23
def “waste and resource management principles” ins 2011 SL No. 231 s 49

sch 9 s 23
def “waste reduction and recycling plan” ins 2011 SL No. 231 s 49 sch 9 s

23
def “wetland” ins 2010 SL No. 76 s 7

sub 2011 SL No. 246 s 6
def “wetland management area” ins 2011 SL No. 246 s 6(2)
def “wetland protection area” ins 2011 SL No. 246 s 6(2)

© State of Queensland 2012
Reprint 2F effective 9 November 2012 Page 245

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