Summary
Cut through the green tape
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Details
Deep dive
Background
The Environmental Protection Act 1994 (EP Act) is Queensland’s foundational environmental legislation, aimed at protecting Queensland’s natural assets while enabling ecologically sustainable development. Administered by the Department of Environment, Science and Innovation (DESI), the EP Act provides the overarching legal framework for managing environmental risks and impacts, including those from greenhouse gas (GHG) emissions. Supporting this framework is the Environmental Protection Regulation 2019, which serves as the Act’s implementing regulation, detailing how specific provisions of the EP Act are to be applied in practice. In recent years, Queensland has increasingly emphasized GHG considerations in environmental assessments, aligning the state’s policy direction with federal initiatives such as the National Greenhouse and Energy Reporting Act 2007.
Entities Affected: Applicability Across Sectors
The EP Act requires that a range of activities known as Environmentally Relevant Activities (ERAs) comply with environmental controls, including GHG reporting where applicable. ERAs are grouped into three key categories:
Prescribed ERAs: These involve industrial and agricultural activities with the potential to significantly impact the environment, such as sewage treatment, cement manufacturing, and chemical processing. These are listed in Schedule 2 of the Environmental Protection Regulation 2019.
Resource Activities: Covering mining, petroleum, geothermal, and greenhouse gas storage operations, these activities require both a resource authority and an environmental authority (EA). Due to their typically high emissions profiles, they are subject to detailed GHG considerations during assessment.
Agricultural ERAs: These refer to specific agricultural practices—like new cropping or horticulture—in environmentally sensitive areas such as the Great Barrier Reef catchments.
Any entity conducting an ERA must obtain an environmental authority (EA)—a legal approval issued by DESI that sets out environmental conditions for the activity. The EA process ensures that entities understand and manage their emissions obligations in accordance with the EP Act and its Regulation. Data disclosed by DESI provides details of 2790 EA applications received since August 2021.
Reporting Requirements: Detailing Emissions in EA Applications
Entities applying for new or amended environmental authorities (EAs) under the EP Act are required to provide detailed information on expected greenhouse gas (GHG) emissions associated with their proposed operations. This includes estimates of Scope 1 (direct emissions), Scope 2 (indirect emissions from purchased electricity), and, where relevant, Scope 3 (other indirect emissions). For projects anticipated to emit 25,000 tonnes of CO₂-equivalent or more annually, applicants must submit a comprehensive GHG abatement plan outlining how emissions will be avoided, reduced, substituted, or offset. These reporting requirements are detailed in the Greenhouse Gas Emissions Guideline issued by DESI. The guideline specifies the emissions-related information that must be included in an EA application, including other relevant emissions or releases, depending on the nature of the application. Importantly, applicants must provide sufficient detail to allow the administering authority to assess the environmental impacts of each relevant activity over the entire life cycle of the project—from initial on-site works and construction, through operational ramp-up and full production, to the eventual surrender of the EA. This life-cycle approach ensures a comprehensive understanding of the project’s emissions footprint.
Consequences of Noncompliance
Noncompliance with greenhouse gas (GHG) reporting requirements under the EP Act can lead to significant penalties, enforcement actions, and reputational risks. The Act mandates that facilities emitting ≥25,000 tonnes CO₂-e/year submit detailed GHG abatement plans, and failure to provide accurate emissions data may result in Environmental Enforcement Orders (EEOs), fines, or prosecution. Stricter penalties have recently been introduced, including for breaching the General Environmental Duty (GED) if noncompliance risks serious environmental harm. Enforcement actions by DESI are recorded on a public register, exposing noncompliant entities to scrutiny. Regarding Environmental Authority (EA) applications, inadequate GHG reporting or failure to demonstrate compliance with emissions obligations could lead to rejection, suspension, or revocation of the EA. The Greenhouse Gas Emissions Guideline explicitly ties EA conditions to robust emissions monitoring and mitigation plans, meaning applications lacking sufficient reporting may be refused. Moreover, projects in regulated zones (e.g., the Great Artesian Basin) face outright bans on GHG storage, and noncompliance with reporting rules could lead to permit cancellations. Thus, accurate GHG reporting is not just a compliance formality but a critical determinant in securing and retaining an EA.
