Environmental Protection (Water and Wetland Biodiversity) Policy 2019

1Short title

This policy may be cited as the Environmental Protection (Water and Wetland Biodiversity) Policy 2019.

2Commencement

This regulation commences on 1 September 2019.

3Definitions

The dictionary in schedule 2 defines particular words used in this policy.

4Application of policy

This policy applies to waters and wetlands.

5Purpose

(1)The purpose of this policy is to achieve the object of the Act in relation to waters and wetlands.

Note—

See section 3 of the Act.

(2)The purpose is achieved by—

(a)identifying environmental values for waters and wetlands to be enhanced or protected; and

(b)identifying management goals for waters; and

(c)stating water quality guidelines and water quality objectives for enhancing or protecting the environmental values for waters; and

(d)providing a framework for making consistent, equitable and informed decisions about waters; and

(e)monitoring and reporting on the condition of waters.

s 5 amd 2022 SL No. 125 s 3

6Environmental values for waters

(1)The environmental values for waters to be enhanced or protected under this policy are—

(a)for water mentioned in schedule 1, column 1—the environmental values stated in the document opposite the water in schedule 1, column 2; or

(b)for other water—the environmental values stated in subsection (2).

(2)For subsection (1)(b), the environmental values are—

(a)for high ecological value waters—the biological integrity of an aquatic ecosystem that is effectively unmodified or highly valued; or

Example of a highly valued aquatic ecosystem—

an aquatic ecosystem used for drinking water

(b)for slightly disturbed waters—the biological integrity of an aquatic ecosystem that has effectively unmodified biological indicators, but slightly modified physical, chemical or other indicators; or

(c)for moderately disturbed waters—the biological integrity of an aquatic ecosystem that is adversely affected by human activity to a relatively small but measurable degree; or

(d)for highly disturbed waters—the biological integrity of an aquatic ecosystem that is measurably degraded and of lower ecological value than waters mentioned in paragraphs (a) to (c); or

(e)for waters that may be used to produce, or from which may be taken, aquatic foods for human consumption—the suitability of the water for—

(i)producing aquatic foods that are safe and suitable for human consumption; and

(ii)having aquatic foods that are safe and suitable for human consumption taken from the water; or

(f)for waters that may be used for aquaculture—the suitability of the water for aquacultural use; or

(g)for waters that may be used for agricultural purposes—the suitability of the water for agricultural purposes; or

(h)for waters that may be used for recreation or aesthetic purposes—the suitability of the water for—

(i)primary recreational use; or

(ii)secondary recreational use; or

(iii)visual recreational use; or

(i)for waters that may be used for drinking water—the suitability of the water for supply as drinking water having regard to the level of treatment of the water; or

(j)for waters that may be used for industrial purposes—the suitability of the water for industrial use; or

(k)the cultural and spiritual values of the water.

(3)In this section—

aquatic foods includes the following in an aquatic ecosystem—

(a)fish, shellfish and other animals;

(b)plants.

cultural and spiritual values, of water, means its scientific, social or other significance to the present generation or past or future generations, including Aboriginal people or Torres Strait Islanders.

primary recreational use, of water, means a use that involves the following types of contact with the water—

(a)full body contact;

(b)frequent immersion by the face and trunk;

(c)frequent contact with spray by the face where it is likely some water will be swallowed or inhaled, or come into contact with ears, nasal passages, mucous membranes or cuts in the skin.

Examples—

diving, swimming, surfing

secondary recreational use, of water, means a use that involves the following types of contact with the water—

(a)contact in which only the limbs are regularly wet, and other contact, including the swallowing of water, is unusual;

Examples—

boating, fishing, wading

(b)occasional inadvertent immersion resulting from slipping or being swept into the water by a wave.

visual recreational use, of water, means a use that does not ordinarily involve any contact with the water.

Examples—

angling from the shore, sunbathing near water

s 6 amd 2022 SL No. 125 s 4

7Environmental values for wetlands

(1)The environmental values for wetlands to be enhanced or protected under this policy are the qualities of a wetland that support and maintain the biodiversity of the wetland, including the following—

(a)the health of the wetland’s ecosystems;

(b)the wetland’s natural state and biological integrity;

(c)the presence of distinct or unique features, endemic plants or animals and their habitats, including threatened wildlife and near threatened wildlife under the Nature Conservation Act 1992;

(d)the wetland’s natural hydrological cycle;

(e)the natural interaction of the wetland with other ecosystems, including other wetlands.

(2)In this section—

biodiversity means natural diversity of living organisms, together with the environmental conditions and processes necessary for their survival, and includes each of the following—

(a)ecosystem diversity, that is, the diversity of the different types of communities formed by living organisms and the relations between them;

(b)species diversity, that is, the diversity of species;

(c)genetic diversity, that is, the diversity of genes within each species.

8Indicators and water quality guidelines for environmental values for waters

(1)An indicator for an environmental value for water is a physical, chemical, biological or other property that can be measured or decided in a quantitative way.

Examples—

1The concentration of nutrients and pH value are types of chemical indicators.

2Secchi disc clarity and temperature are types of physical indicators.

3Seagrass depth range, macroinvertebrate family richness and percentage of exotic fish are types of biological indicators.

(2)Water quality guidelines are quantitative measures or statements for indicators, including, for example, the concentration or load of a contaminant of water, that protect a stated environmental value.

(3)For particular water, the indicators and water quality guidelines for an environmental value are decided using the following documents—

(a)site-specific documents for the water;

(b)the document called ‘Queensland water quality guidelines 2009’, published on the department’s website;

(c)the document called ‘Australian and New Zealand guidelines for fresh and marine water quality’, published by the Commonwealth;

(d)the document called ‘PFAS national environmental management plan’, published by the Commonwealth;

(e)the document called ‘Australian drinking water guidelines 6’, published on the National Health and Medical Research Council’s website;

(f)the document called ‘Guidelines for managing risks in recreational water’, published on the National Health and Medical Research Council’s website;

(g)the document called ‘Guidance on per and polyfluoroalkyl substances (PFAS) in recreational water’, published on the National Health and Medical Research Council’s website;

(h)other relevant documents published by a recognised entity.

(4)Also, for water mentioned in schedule 1, column 1, the indicators for an environmental value include the indicators stated in the document opposite the water in schedule 1, column 2.

(5)To the extent of any inconsistency between the documents mentioned in subsection (3) for a particular water quality guideline, the documents are to be used in the order in which they are listed in that subsection.

(6)In this section—

load, of a contaminant of water, means the mass of the contaminant in the water measured over a period of time.

site-specific document, for water, means a document that—

(a)contains specific information about the water, or part of the water; and

(b)is recognised by the chief executive as having appropriate scientific authority.

s 8 amd 2020 SL No. 243 s 3; 2022 SL No. 125 s 5

9When environmental values for waters are protected

For this policy, the environmental values for particular waters are protected if the measures for all indicators comply with the water quality guidelines stated for the indicators.

s 9 amd 2022 SL No. 125 s 6

10Management goals for waters

The management goals for waters mentioned in schedule 1, column 1 are the goals, if any, stated in the document opposite the water in schedule 1, column 2.

Examples of management goals—

•to maintain an area, composition and condition of seagrass beds, reefs or mangroves

•to maintain a stated level of diversity of fish species

11Water quality objectives for waters

(1)This section and schedule 1 state the water quality objectives for waters to be achieved and maintained under this policy.

(2)Subject to subsection (4), the water quality objectives for water mentioned in schedule 1, column 1 are the objectives stated in the document opposite the water in schedule 1, column 2.

(3)Subsection (4) applies if, for water mentioned in schedule 1, column 1—

(a)an indicator and water quality guideline are decided for an environmental value for the water under section 8(3); and

(b)the indicator, and a water quality objective for the indicator, are not stated in the document opposite the water in schedule 1, column 2.

(4)The water quality guideline is also a water quality objective for the indicator for the water.

(5)The water quality objectives for water not mentioned in schedule 1, column 1 are the set of water quality guidelines for all indicators that will protect all environmental values for the water.

(6)Without limiting subsection (5), the water quality objectives for Great Barrier Reef catchment waters also includes the objectives stated in the document called ‘Great Barrier Reef River Basins End of Basin Load Water Quality Objectives’, dated September 2019.

Note—

The document is available on the department’s website.

(7)However, water quality objectives do not apply to—

(a)water in swimming pools; and

(b)drinking water in a domestic water supply system, including, for example, water in a local government or privately owned water supply system; and

(c)waste water in a storage, including, for example, a sewage lagoon, mine tailings dam, irrigation tailwater dam and piggery or dairy waste water pond; and

(d)water in a pond used for aquaculture; and

(e)water in a stormwater treatment system; and

(f)water in a device used for erosion and sediment control, including, for example, water in a sediment basin or sediment tank; and

(g)water in a privately owned dam, irrigation channel, pipeline or water tank.

(8)In this section—

stormwater treatment system means a system used for managing stormwater quality, quantity and flows.

s 11 amd 2019 SL No. 234 s 21; 2020 Act No. 26 s 118 sch 1; 2022 SL No. 125 s 7

12Identifying environmental values etc. for waters

(1)This section applies to water not mentioned in schedule 1, column 1.

(2)For developing a document about particular water that is to be included in schedule 1, the chief executive may identify—

(a)the environmental values to be protected for the water; and

(b)the water quality objectives for the water; and

(c)ways to improve the quality of the water.

(3)In identifying the matters mentioned in subsection (2), the chief executive must ensure there has been—

(a)consultation with the community, including industry and commerce sectors; and

(b)consideration of the economic and social impacts of protecting environmental values for the water.

(4)Also, the chief executive may identify water quality objectives for the water that provide a lower level of protection of the environmental values for the water than the water quality guidelines mentioned in section 11(4) only if—

(a)the adoption of the water quality guidelines would involve unacceptable economic or social impacts on the community; and

(b)the water quality objectives are an improvement on existing water quality.

s 12 amd 2022 SL No. 125 s 8

13Amending waters in sch 1

(1)The chief executive may replace a document stated in schedule 1, column 2 for particular water only if—

(a)there has been consultation with the community, including industry and commerce sectors; and

(b)the chief executive has considered the economic and social impacts of protecting environmental values for the water.

(2)However, subsection (1) does not apply to a replacement document if—

(a)the purpose of the replacement is only to correct a minor error, or make another change that is not a change of substance; or

(b)the document being replaced states that an amendment of a stated type may be made to the document under this subsection, and the purpose of the replacement is only to make an amendment of the stated type.

14Management hierarchy for surface or groundwater

(1)This section states the management hierarchy for an activity that may affect water.

Note—

See the Environmental Protection Regulation 2019, section 35.

(2)To the extent it is reasonable to do so, release of waste water or contaminants to waters must be dealt with in the following order of preference—

(a)firstly—reduce the production of waste water or contaminants by reducing the use of water;

(b)secondly—prevent waste and implement appropriate waste prevention measures;

(c)thirdly—evaluate treatment and recycling options and implement appropriate treatment and recycling;

(d)fourthly—evaluate the following options for waste water or contaminants in the order in which they are listed—

(i)appropriate treatment and release to a waste facility or sewer;

(ii)appropriate treatment and release to land;

(iii)appropriate treatment and release to surface waters or groundwaters.

(3)In this section—

appropriate treatment, of waste water or contaminants, means—

(a)for release to a sewerage service provider’s waste facility or sewer—treatment that meets the service provider’s requirements for the release to the waste facility or sewer; or

(b)for release to land—treatment that ensures the release to land is ecologically sustainable; or

(c)for release to surface waters or groundwaters—treatment that ensures, or the taking of other steps to ensure, that the release—

(i)will not affect the environmental values for the waters; or

(ii)is offset by undertaking an activity to counterbalance the impacts of releasing waste water or contaminants to waters, other than an offset to which the Environmental Offsets Act 2014 applies.

sewerage service provider see the Water Supply (Safety and Reliability) Act 2008, schedule 3.

waste facility means a facility for the recycling, reprocessing, treatment, storage, incineration, conversion to energy or disposal of waste.

waste prevention means the adoption of practices or processes that avoid generating waste or reduce the quantity of waste requiring subsequent treatment, recycling or disposal.

15Management intent for waters

(1)This section states the management intent for waters subject to an activity that involves the release of waste water or contaminants to the waters.

(2)It is the management intent for the waters that the decision to release the waste water or contaminant must ensure the following—

(a)for high ecological value waters—the measures for the indicators for all environmental values for waters are maintained;

(b)for slightly disturbed waters—the measures for the slightly modified physical or chemical indicators are progressively improved to achieve the water quality objectives for high ecological value water;

(c)for moderately disturbed waters—

(i)if the measures for the indicators for all environmental values achieve the water quality objectives for the water—the measures for the indicators are maintained at levels that achieve the water quality objectives for the water; or

(ii)if the measures for the indicators for all environmental values do not achieve the water quality objectives for the water—the measures for the indicators are improved to achieve the water quality objectives for the water;

(d)for highly disturbed waters—the measures for the indicators for all environmental values are progressively improved to achieve the water quality objectives for the water.

s 15 amd 2022 SL No. 125 s 9

16Healthy waters management plans

(1)The chief executive may develop and implement an environmental plan about water (a healthy waters management plan) to decide ways to improve the quality of the water.

(2)Also, a recognised entity, in cooperation with the chief executive, may develop and implement a healthy waters management plan.

(3)A healthy waters management plan for water must—

(a)describe the water to which the plan applies; and

(b)include an assessment of the following for the water—

(i)any threats to water-dependent ecosystems;

(ii)any matters that may adversely affect the use of the water as a supply of drinking water;

(iii)any matters that may adversely affect the natural flows of the water; and

(c)if environmental values and water quality objectives for the water are stated in a document mentioned in schedule 1, column 2—include the environmental values and water quality objectives; and

(d)if environmental values and water quality objectives have not been established for the water—include proposed environmental values, management goals and water quality guidelines for the water; and

(e)if a water plan under the Water Act 2000 applies to the water—include the environmental flow objectives for the plan and ecological outcomes stated in the plan for the water; and

(f)identify ways to protect the environmental values for the water, and to monitor and assess the effectiveness of the protection.

(4)In developing and implementing the plan, the chief executive or entity must have regard to any guidelines published by the department about healthy waters management plans.

17Community awareness and involvement

(1)This section applies if the chief executive decides to develop and implement a plan to—

(a)raise community awareness of issues about water quality; and

(b)involve the community in water quality management.

(2)The chief executive must consider including in the plan—

(a)a description of the issues about water quality; and

(b)ways to raise community awareness and understanding about water quality policy, planning and management; and

(c)ways to improve levels of community consultation in relation to water quality management, including consultation carried out under this policy; and

(d)ways to better inform the community of issues about water quality management.

18Ambient monitoring

(1)If the chief executive carries out a program of ambient monitoring of waters to assess the state of waters, the chief executive must—

(a)carry out the monitoring under—

(i)the document called ‘Monitoring and Sampling Manual 2018’, published on the department’s website; and

(ii)the ‘Australian and New Zealand guidelines for fresh and marine water quality’, published in 2018; and

(b)publish the results of the monitoring on the department’s website; and

(c)prepare a report about the results of the monitoring.

(2)To the extent of any inconsistency between the documents mentioned in subsection (1)(a), the document mentioned in subsection (1)(a)(i) prevails.

(3)If practicable, a comparison of ambient monitoring results with the water quality objectives for, and freshwater flows to, the water during the time of the monitoring must be included in the report.

(4)Subsection (5) applies if the measure of an indicator does not comply with a water quality objective because the noncompliance is caused by the natural properties of the water.

(5)For preparing the report, the measure of the indicator is taken to comply with the water quality objective if, at the time the indicator is measured, the measure of the indicator is within the natural background level, as determined under the monitoring program, for the indicator.

(6)If the results of monitoring show the water quality objectives for the water have not been met, the chief executive may investigate the reasons why the water fails to meet the water quality objectives.

(7)In this section—

ambient monitoring, of water, includes assessing, analysing, examining, inspecting, measuring or reporting on the following—

(a)the quantity, quality and characteristics of water;

(b)the effectiveness of control, remedial or rehabilitation measures on the matters mentioned in paragraph (a).

s 18 amd 2020 SL No. 243 s 4

19Amendment of Map of Queensland wetland environmental values

(1)The chief executive may amend the Map of Queensland wetland environmental values only if the amendment is made because—

(a)more accurate information indicating the extent, hydrological type or ecological significance of the wetland has become available; or

(b)the chief executive considers that the ecological significance of a wetland has changed.

(2)If the chief executive amends the map under subsection (1), the chief executive must—

(a)fix a new edition number to the amended map; and

(b)publish the amended map on the department’s website.

20Operation of sch 1

The boundaries of water mentioned in schedule 1, column 1 are the boundaries identified in the document stated opposite the water in schedule 1, column 2.

Editor’s note—

The documents mentioned in schedule 1 are published on the department’s website.

pt 9 hdg amd 2019 SL No. 234 s 22

pt 9 div 1 hdg ins 2019 SL No. 234 s 23

21Repeal

The Environmental Protection (Water) Policy 2009, SL No. 178 is repealed.

pt 9 div 2 hdg ins 2019 SL No. 234 s 24

22Application of s 11 during transitional period

(1)Section 11(4) does not apply in relation to an environmental management decision made during the transitional period.

(2)In this section—

environmental management decision see the Environmental Protection Regulation 2019, section 32.

transitional period means the period that starts on the commencement and ends 1 year after the commencement.

s 22 ins 2019 SL No. 234 s 24

sections 6(1)(a), 8(4), 10 and 11

sch 1 amd 2020 SL No. 243 s 5; 2022 SL No. 125 s 10; 2023 SL No. 147 s 3

section 3

aquatic ecosystem means a community of organisms living within or adjacent to water, including riparian or foreshore areas.

basin, followed by a number, means the river basin of that number described in ‘Australia’s River Basins 1997’, 3rd edition, made by Geoscience Australia, Commonwealth of Australia, in 2004.

Editor’s note—

The map is available on the department’s website.

biological integrity, for water or a wetland, means the ability of the water or wetland to support and maintain a balanced, integrative, adaptive community of organisms having a species composition, diversity and functional organisation comparable to that of the natural habitat of the locality in which the water or wetland is situated.

Examples of biological integrity of water or a wetland—

•the intrinsic value of an aquatic ecosystem that is effectively unmodified or highly valued

•its ability to support associated wildlife

•its ability to produce food for human consumption

contaminated stormwater means stormwater that contains a contaminant.

environmental values—

(a)for water—means the environmental values mentioned in section 6; or

(b)for wetlands—means the environmental values mentioned in section 7.

groundwater means water that occurs naturally in, or is introduced artificially into, an aquifer.

healthy waters management plan see section 16(1).

high ecological value waters means waters in which the biological integrity of the water is effectively unmodified or highly valued.

highly disturbed waters means waters that are significantly degraded by human activity and have lower ecological value than high ecological value waters or slightly or moderately disturbed waters.

indicator see section 8(1).

Map of Queensland wetland environmental values means the document called ‘Map of Queensland wetlands environmental values’, made by the chief executive and published on the department’s website.

moderately disturbed waters means waters in which the biological integrity of the water is adversely affected by human activity to a relatively small but measurable degree.

Queensland regional NRM body means a Queensland regional natural resource management body under either—

(a)the Commonwealth program known as the ‘National Landcare Program’; or

(b)the Queensland program known as the ‘Natural Resources Investment Program’.

recognised entity means—

(a)a local government; or

(b)a public sector unit; or

(c)an agency of the Commonwealth, another State or a foreign country, however called, with similar functions to the functions of the chief executive under this policy; or

(d)a ministerial council, of which a Minister is a member of the council, established by the National Federation Reform Council; or

(e)the Commonwealth Scientific and Industrial Research Organisation; or

(f)a research centre completely or partly funded by the Queensland or the Commonwealth; or

(g)an Australian university; or

(h)a Queensland regional NRM body.

sch 2 def recognised entity amd 2022 SL No. 125 s 11(1)

recycling, of waste water, means—

(a)re-using the waste water in the process that generated it; or

(b)reprocessing the waste water to develop a new product; or

(c)using the waste water, whether on or off the site where it is generated.

slightly disturbed waters means waters that have the biological integrity of high ecological value waters with slightly modified physical or chemical indicators but effectively unmodified biological indicators.

surface waters means waters other than groundwaters.

waste water means aqueous waste, and includes contaminated stormwater.

water quality guidelines see section 8(2).

water quality objectives, for water, are the objectives for an indicator identified under section 11 for protecting the environmental values for the water.

sch 2 def water quality objectives amd 2022 SL No. 125 s 11(2)

waters—

(a)includes the bed and banks of waters; and

(b)without limiting the Acts Interpretation Act 1954, schedule 1, definition Queensland waters, includes—

(i)surface water; and

(ii)groundwater.

wetland means an area shown as a wetland on the Map of Queensland wetland environmental values.