Environmental Legislation in Queensland: A Practical Guide
Environmental legislation in Queensland plays a critical role in shaping how development, construction, infrastructure and renewable energy projects are planned, approved and delivered. Whether a project involves clearing vegetation, working near waterways, managing protected species or controlling pollution, proponents are legally required to understand and comply with a complex framework of environmental laws.
This framework is not limited to a single Act. Instead, environmental legislation in Queensland operates through a hierarchy of international, federal, state and local laws, supported by regulations, policies and codes. Together, these laws aim to protect environmental values while allowing sustainable development to proceed.
This guide provides a practical overview of environmental legislation in Queensland, explaining how the legislative hierarchy works, which laws commonly affect projects, and how the mitigation hierarchy underpins environmental decision-making. It is designed to help project teams understand their obligations early, reduce approval risks, and avoid costly compliance issues during construction and operations.
How Environmental Legislation Works in Queensland
Environmental legislation in Queensland does not operate in isolation. Instead, it forms part of a layered system where different levels of law interact.
At a high level, the system works as follows:
- International agreements influence national environmental priorities
- Federal legislation applies where matters of national significance are affected
- Queensland state legislation governs day-to-day environmental management
- Local government planning schemes and laws regulate site-specific development issues
Understanding where a project sits within this hierarchy is essential. In many cases, multiple laws apply simultaneously, and compliance with one Act does not remove obligations under another.
International Environmental Agreements
Australia is a signatory to several international environmental treaties and conventions. While these agreements are not directly enforceable unless incorporated into Australian law, they strongly influence federal environmental legislation.
Key international agreements relevant to Queensland projects include:
- World Heritage Convention – protecting sites such as the Great Barrier Reef and Wet Tropics
- Ramsar Convention – protecting wetlands of international importance
- Bonn Convention – conserving migratory species
These agreements form the foundation for federal laws such as the EPBC Act, which can override state legislation where national environmental interests are involved.
Federal Environmental Legislation: The EPBC Act
The primary piece of federal environmental legislation is the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
The EPBC Act is triggered when a proposed action has, will have, or is likely to have a significant impact on a Matter of National Environmental Significance (MNES).
MNES include:
- Threatened species and ecological communities
- Migratory species
- World Heritage properties
- National Heritage places
- Ramsar wetlands
- The Great Barrier Reef Marine Park
- Nuclear actions
If a project triggers the EPBC Act, it may require referral to the Commonwealth Department of Climate Change, Energy, the Environment and Water (DCCEEW). Depending on the outcome, the project may be determined to be:
- Not a Controlled Action (no further federal approval required), or
- A Controlled Action, requiring assessment and approval under the EPBC Act
Importantly, federal law generally prevails over state law if inconsistencies arise. This means projects must often manage both state and federal obligations in parallel.
Queensland State Environmental Legislation
Most environmental compliance obligations for projects in Queensland arise under state legislation. These laws regulate how land is developed, how environmental harm is prevented, and how biodiversity is protected.
Environmental Protection Act 1994 (EP Act)
The Environmental Protection Act 1994 is the cornerstone of Queensland’s environmental legislation.
Its central objective is to achieve ecologically sustainable development, balancing environmental protection with economic and social outcomes.
A key feature of the EP Act is the General Environmental Duty (GED). This duty requires all persons to take all reasonably practicable measures to prevent or minimise environmental harm, regardless of whether an environmental authority or permit is in place.
Recent amendments have strengthened the GED, making failure to comply a standalone offence where serious or material environmental harm is likely. This has significantly increased regulatory expectations around proactive environmental management.
The EP Act also regulates:
- Environmental nuisance (noise, dust, odour, vibration)
- Pollution incidents and reporting obligations
- Environmentally Relevant Activities (ERAs)
- Penalties and enforcement powers
Planning Act 2016
The Planning Act 2016 typically governs how development is assessed and approved across Queensland.
While not environmental legislation in isolation, it plays a critical role in environmental compliance by:
- Integrating environmental considerations into development approvals
- Triggering referrals to state agencies
- Linking planning approvals with environmental permits and conditions
Most development approvals issued by local governments include environmental conditions that must be complied with during construction and operation.
Nature Conservation Act 1992
The Nature Conservation Act 1992 focuses on the protection of Queensland’s native flora and fauna.
Under this Act, it is an offence to interfere with protected wildlife or animal breeding places without appropriate authority. This includes nests, hollows, burrows, logs and other habitat features.
For many projects, particularly renewable energy and infrastructure developments, this results in requirements such as:
- Species Management Programs (SMPs)
- High-Risk SMPs for endangered, vulnerable or special least-concern species
- Fauna spotter catcher supervision during clearing
Early identification of Nature Conservation Act triggers is essential to avoid delays once construction is scheduled.
Fisheries Act 1994
The Fisheries Act 1994 protects fish habitats and fish passage in Queensland waterways.
A key concept under this Act is Waterway Barrier Works (WWBW). Any structure or activity that obstructs fish movement, permanently or temporarily, may be classified as WWBW.
Examples include:
- Culverts and causeways
- Temporary crossings
- Coffer dams
- Bed-level crossings
Depending on the waterway classification and design, works may require:
- A Development Approval, or
- Compliance as Accepted Development with pre-work notification to the Department of Agriculture and Fisheries
Failure to correctly assess WWBW requirements is a common source of compliance risk on infrastructure projects.
Vegetation Management Act 1999
The Vegetation Management Act 1999 regulates the clearing of native vegetation in Queensland.
Vegetation is categorised using the Regulated Vegetation Management Map, which identifies different categories such as:
- Category B – Remnant vegetation
- Category C – High-value regrowth
- Category X – Non-regulated land
Where clearing is unavoidable under certain Accepted Development Codes, projects may be required to secure exchange areas to offset the vegetation being cleared.
Exchange areas must meet strict ecological and legal criteria and must be legally secured on title.
Subordinate Legislation: Regulations and Policies
Below the Acts sit regulations, policies and codes, which provide the technical detail for compliance.
Key examples include:
- Environmental Protection Regulation 2019 – defines ERAs, fees and thresholds
- Environmental Protection Policies (EPPs) – set environmental values and objectives, including:
- EPP (Air)
- EPP (Noise)
- EPP (Water and Wetland Biodiversity)
These instruments often determine the practical standards that projects must meet on site.
Local Government Controls
At the local level, councils regulate environmental matters through:
- Planning schemes
- Local laws
- Development conditions
Local government controls commonly address issues such as stormwater management, erosion and sediment control, construction noise and dust.
Compliance with local requirements is mandatory, even where state or federal approvals are in place.
The Mitigation Hierarchy: A Core Principle of Environmental Legislation
Across both federal and Queensland environmental legislation, decision-making is guided by the mitigation hierarchy. This hierarchy ensures environmental impacts are managed in a disciplined and transparent way.
1. Avoidance
Avoidance is the primary and preferred outcome. It involves changing project design, location or timing to prevent environmental impacts altogether.
Examples include rerouting infrastructure to avoid sensitive habitat or scheduling works outside breeding seasons.
2. Minimisation
Where avoidance is not possible, impacts must be reduced at the source. This may involve reducing the footprint, duration or intensity of activities.
3. Mitigation
Mitigation refers to on-site management measures that control or repair impacts during construction or operation, such as erosion controls, fauna management or weed hygiene.
4. Offsetting
Offsets are a last resort and are only considered after all reasonable avoidance and mitigation measures have been exhausted. Offsets compensate for significant residual impacts through actions elsewhere.
Failure to correctly apply the mitigation hierarchy can invalidate approvals and lead to enforcement action.
Why Understanding Environmental Legislation Early Matters
Environmental legislation in Queensland is increasingly enforced through proactive compliance, not reactive response.
Common risks for projects that engage too late include:
- Approval delays
- Stop-work notices
- Unexpected offset requirements
- Regulatory investigations and penalties
- Reputational damage
Early, informed engagement with environmental legislation allows project teams to integrate compliance into planning, rather than retrofitting solutions once problems arise.
How Applied Environment & Safety Supports Compliance
Applied Environment & Safety helps clients navigate environmental legislation by translating complex legal requirements into practical, site-ready solutions.
Our support includes:
- Environmental Management Plans and Construction Environmental Management Plans
- Legislative compliance assessments
- General Environmental Duty audits
- EPBC Act referrals and MNES management plans
- Waterway Barrier Works assessments and notifications
- Species Management Programs and vegetation clearing strategies
By aligning legislative requirements with project delivery, we help reduce risk, protect environmental values and keep projects moving.
Conclusion
Environmental legislation in Queensland establishes a robust framework for protecting environmental values while supporting sustainable development. However, its complexity means that compliance cannot be treated as a tick-box exercise.
Understanding how federal, state and local laws interact and how the mitigation hierarchy underpins all environmental decision-making is essential for any project operating in Queensland.
This page serves as the foundation for understanding environmental legislation in Queensland. For guidance on specific legislation and obligations for your project, reach out to us early during the planning of your project to ensure that we can cover your requirements and suggest the most efficient approvals pathway.