After years of deferred commencement the fate of ERAs 38 and 39 under the Environmental Protection Regulation 1998 has recently been clarified by the Environmental Protection Agency.
The commencement of ERA 38 (Clearing for land development other than for agricultural purposes or reclaiming land consisting of more than 20,000 m2) has been deferred for a further 12 months until 1 July 2003. This result accords with the Property Council’s recommendation that it should continue to remain uncommenced whilst underlying issues concerning land clearing, application of local laws and the level of approval that should be required in the development process were addressed.
ERA 39 covered constructing premises or civil engineering structures (constructing or demolishing), including bother residential premises (other than a class 1 or 2 building containing not more the two dwelling units, or a class 10 building, under the Standard Building Law) or commercial or industrial premises, and bridges or other engineering structures (other than roads, bridges or other engineering structures on rural properties used for primary production, railways or road maintenance repairs.
As the contents of ERA 39 are already covered elsewhere in the requisite approvals process for those types of development, the Property Council had recommended that it be repealed.
Following an industry consultation process ERA 39 was repealed, without ever having commenced, by the Environmental Protection Amendment Regulation (No. 1) 2002
Copies of the Environmental Protection Regulation and amending regulation are available at www.legislation.qld.gov.au