Queensland Government Proposes Significant Changes To Environmental Licensing Regime

On 20 November 2025, the Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment Bill 2025 (the Bill) was introduced into the Queensland Parliament.

If passed, the Bill will significantly change the way environmentally relevant activities are regulated, replacing the need to obtain an environmental authority for certain 'low risk' activities with the option to operate in accordance with an ERA code.

While the ERA codes have not yet been released, this alternative to an environmental authority, without the associated applications, annual fees and requirements around financial surety, is looking to be an attractive option for industry.

The Bill has been referred to the Health, Environment and Innovation Committee for detailed consideration. The closing date for submissions is 10am on 17 December 2025 and the committee is due to table its report on 30 January 2026.

Overview of the new framework

Under the current version of the Environmental Protection Act 1994 (Qld) (EP Act), to carry out an 'environmentally relevant activity' (ERA), an environmental authority (EA) is required. ERAs include, for example, resource activities, industrial activities and agricultural activities.

The Bill proposes to dispense with the need to obtain an EA for ERAs considered to be 'lower risk', provided the operator can comply with the applicable ERA code. The Department of Environment, Tourism, Science and Innovation (DETSI) has stated they expect this amendment would result in a significant reduction of EAs, freeing up resources to focus on larger and more complicated EAs.

ERAs that are suitable for management through an ERA code include those where the risk of environmental harm or other adverse effects on the environment are known and can be effectively prevented, minimised, rehabilitated or remediated by requiring compliance with the code. Activities considered likely to have residual risks are to be managed under an EA.

Where an activity is being carried out in accordance with an ERA code, it will be an offence to contravene the code.

Generally, no application will be necessary to operate under the ERA code and as to whether registration will be required, it appears this will be dealt with on an activity by activity basis, having regard to the nature of the activity and whether contact information is already held elsewhere (such as through associated resource authorities).

Where a development application is required for the activity, the applicant will be required to notify the assessment manager as part of its application of its intention to operate pursuant to the ERA code.

Codes of practice will be developed for the code managed ERAs.

Codes will not automatically apply to authorities already regulated by an EA, and current holders (and any person who has an existing application for an EA not decided before commencement) will be able to opt out of complying with the ERA code and continue operating under their existing EA where they notify the administering authority of their intention to do so. An EA holder will have 12 months from the date of the making of the first ERA code for a code-managed ERA to request registration under new s. 318ZM or notify the administering authority of their intention to continue operating under the EA. If no action is taken, the person is automatically taken to be registered and the EA will cease to apply to the code-managed ERA.

Small scale mining activities

Small scale mining activities will be transitioned to code-managed ERAs. DETSI has indicated that an ERA code for these activities will be published soon after the Bill is passed.

Any financial surety that has been provided by existing operators will be refunded, as it is no longer required under the framework for code managed ERAs.

Other changes to the EP Act

Other noteworthy changes to the EP Act include:

• Recognising impact assessment reports and related processes under the State Development and Public Works Organisation Act 1971 (Qld) as satisfying requirements for subsequent environmental authority application processes to reduce duplication;
• Strengthening the powers for courts to order forfeiture of property to stop an ongoing offence;
• Increasing the time limitations for commencing summary proceedings for offences;
• Refining and clarifying requirements for progressive rehabilitation and closure plans (PRCPs), including:
  • Removing the public interest evaluation process;
  • Replacing the requirement for mandatory audits of PRCPs every 3 years with the ability for the administering authority to require the audit of a PRCP through notice to the EA holder; and
  • Clarifying that persons who hold an EA or PRCP schedule for mining activities conducted on a final rehabilitation site can enter sires to carry out rehabilitation activities;
• The inclusion of a new concept of 'significant environmental value', to provide direction on aspects of the environment that are priorities for the Queensland Government.

Key takeaways

• Once the ERA codes have been published, existing EA holders will need to make an informed decision about whether to continue operating under their EA, or transition to the ERA code.
• Keep an eye on public consultation periods for proposed ERA codes. The chief executive will be required to provide notices to existing EA holders advising them of the changes before the consultation period begins. Consider whether the contact details for your EA are up to date.
• Consider what transitional arrangements will apply to your activity.
• If you have a large or complex activity the subject of an EA (or an application for an EA), there may be an increased regulatory focus on compliance and improved resourcing for the assessment of applications, once the new framework has been implemented.

If you want to understand how the proposed amendments impact your existing or future projects we encourage you to reach out to us and we would be happy to discuss.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.