Synopsis of the Queensland Environmental Legal System

Synopsis of the Queensland Environmental Legal System

The LRET creates a financial requirement for large electricity traders to obtain a percentage of their electricity from renewable sources such as wind, water and solar. SRES creates a financial incentive for people such as homeowners to install solar water heaters, air-source heat pumps and other small production units such as rooftop solar panels. Eligible schemes are eligible for small technology certificates based on the amount of electricity produced from renewable sources or replaced by the scheme. These can be sold (usually to large electricity generators). The TER is administered by the Office of the Renewable Energy Regulator. 100 Sea Installations Act 1987 (Cth) The construction, operation and decommissioning of offshore installations in Australian waters outside national coastal waters is governed by this Act. It applies to all man-made structures fixed to the seabed, with the exception of those used for the exploration or exploitation of natural resources (including oil). DSEWPC manages it. 101 Torres Strait Fisheries Act 1984 (Cth) Fishing in the Australian part of the Torres Strait Protected Area between Cape York and Papua New Guinea is governed by this Act and by a reciprocal state law, the Torres Strait Fisheries Act.

It is based on the treaty between Australia and the Independent State of Papua New Guinea on sovereignty and maritime boundaries over the territory between the two countries. including the area known as the Torres Strait and related issues. 102 It is jointly managed by AFMA and the Queensland Department, which is responsible for fisheries. 103 Complex skills in the fisheries sector are summarized in Annex 3. Water Act, 2007 (Cth) Joint Commonwealth and State control of the Murray-Darling River Basin is established under this Act. Several river systems in southern Queensland are part of this watershed: the 100 See See dumping/installation.html. 102 ATS 1985 No See Condamine Balonne, Warrego and MacIntyre Rivers. The law is supposed to go into effect at the same time as state water laws, including the Water Act. The law creates a framework for water pricing, water trade and a water market in the basin.

In particular, it aims to address the overallocation of water for irrigation. A draft plan for the Murray Darling was released under the Act in late 2010, but was heavily criticized by irrigation companies for placing too much emphasis on restoring environmental waterways. 104 The Act is administered by DSEWPC, the National Water Commission and the Murray Darling Basin Commission. 105 Queensland Law Queensland law is the legislation and subordinate legislation enacted and administered by the Queensland Government and local governments (which may cover a city, county or, as of March 2008, a region). 106 Local authorities play a central role in the environmental law system by drawing up and managing town plans aimed at controlling spatial planning in their territory. Several courts have jurisdiction under Queensland`s environmental laws, as summarized in Schedules 1 and 2, but the Planning and Environment Tribunal plays the lead role. Constitution Act, 1867 The Constitution Act, 1867 provides the basis for the Queensland Parliament to enact laws, including laws regulating the impact of man on the environment. Section 2 gives Parliament the power to legislate for the welfare of peace and good government of [the state] in all cases. This is a power of attorney subject only to the restrictions of the Commonwealth Constitution. 107 Sections 30 and 40 of the Act give Parliament the power to make laws prohibiting the sale, lease, sale, occupation and 104 See Lake and Queensland legislation is available on the internet at For example, section 109 of the Commonwealth Constitution provides that if a law of a State is inconsistent with a law of the Commonwealth: The second prevails and the first has no effect to the extent of the divergence.

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