Environmental Law Lawyers in Queensland

Environmental Law in Queensland

Environmental law in Queensland protects natural resources, regulates development, and manages environmental impacts. Governed by the Environmental Protection Act 1994, Planning Act 2016, and various federal laws including the Environment Protection and Biodiversity Conservation Act 1999, environmental law affects property development, mining, agriculture, and industrial operations across Queensland.

Environmental Protection in Queensland

Queensland's Environmental Protection Act 1994 regulates environmentally relevant activities including waste management, air emissions, water discharge, noise, and contaminated land. The Department of Environment and Science administers environmental approvals, monitoring, and enforcement. Businesses conducting environmentally relevant activities require environmental authorities setting operational conditions. Non-compliance can result in penalty infringement notices, enforcement orders, prosecution, or environmental protection orders. Environmental lawyers advise on compliance, applications, and defending enforcement action.

Planning and Development

Queensland's Planning Act 2016 governs land use planning and development assessment. Local government planning schemes zone land and set development requirements. Development applications require assessment against planning schemes, state planning policies, and environmental considerations. Impact assessable development requires public notification and may involve appeals to the Planning and Environment Court. Queensland's unique Sustainable Planning Act history influences current interpretations. Planning lawyers represent applicants, objectors, and councils in development applications and court appeals.

Environmental Impact Statements

Major projects in Queensland require Environmental Impact Statements (EIS) under the State Development and Public Works Organisation Act 1971 or Environmental Protection Act. The EIS process involves terms of reference, detailed environmental studies, public consultation, and government assessment. Projects include mining developments, major infrastructure, and large-scale industrial facilities. The Coordinator-General assesses significant projects with conditions binding despite other approvals. Environmental consultants and lawyers guide proponents through this complex process.

Mining and Resources

Queensland's resources sector operates under the Mineral Resources Act 1989 and Petroleum and Gas (Production and Safety) Act 2004. Mining projects require environmental authorities, land access agreements with landholders, and Indigenous land use agreements where native title exists. The Environmental Protection Act regulates mine rehabilitation, water management, and closure planning. Financial assurances secure rehabilitation obligations. Queensland's resources sector faces increasing environmental scrutiny regarding groundwater impacts, rehabilitation standards, and climate change. Resources lawyers advise on approvals, compliance, and landholder negotiations.

Native Title

Native title recognises Indigenous Australians' traditional rights to land and waters. Queensland has extensive areas with determined or claimed native title. The Native Title Act 1993 (Commonwealth) requires the native title process for many government and private actions affecting land including mining, infrastructure, and development. Indigenous Land Use Agreements (ILUAs) enable negotiated outcomes. The National Native Title Tribunal mediates claims and future act processes. Native title lawyers represent Indigenous groups, developers, and government in claims and negotiations.

Water Rights and Management

Queensland's Water Act 2000 regulates water resource planning, water allocations, and water use. Water allocations can be held, traded, and used subject to resource operation plans. The Great Artesian Basin, river systems, and groundwater resources face increasing pressure. Underground water impact reports address mining and CSG impacts on aquifers. Water licences are required for taking or interfering with water. Environmental flows protect ecosystem health. Water lawyers advise on allocations, trading, compliance, and disputes.

Great Barrier Reef Protection

The Great Barrier Reef is protected by both Queensland and Commonwealth legislation. Reef water quality is regulated through the Environmental Protection (Great Barrier Reef Protection Measures) and Other Legislation Amendment Act 2019. Agriculture in reef catchments faces nutrient and sediment run-off regulations. Development near the reef requires assessment of impacts. The Great Barrier Reef Marine Park Act 1975 (Commonwealth) controls activities in the marine park. Reef protection increasingly affects coastal development and agriculture in Queensland.

Contaminated Land

Queensland's contaminated land regime under the Environmental Protection Act requires investigation and remediation of contaminated sites. The Environmental Management Register (EMR) lists sites conducting notifiable activities. The Contaminated Land Register lists sites posing serious environmental harm. Property transactions in Queensland should include contaminated land searches. Liability for remediation can extend to current and former owners and polluters. Environmental lawyers advise on contaminated land risks, remediation requirements, and liability allocation.