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Environmental Offsets Act 2014 – 2 July 2015

Environmental Offsets Regulation 2014 – 11 September 2015

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The administering agency may impose the offset condition only if satisfied: (a) the prescribed activity will, or is likely to, have a significant residual impact on a prescribed environmental matter; and (b) all reasonable on-site mitigation measures for the prescribed activity have been, or will be, undertaken. For how an entity may elect how to deliver an environmental offset (and what documentation is required to make an election), refer to section 18 of the Act. However, ultimately, the administering agency must decide whether it is appropriate to deliver the environmental offset in the way stated in the notice of election, and any offset delivery plan, or whether the offset should be delivered in a different way – see section 19 of the Act. For the definition of ‘administering authority’, refer to Schedule 2 of the Act. For what constitutes an ‘offset condition’ and ‘environmental offset’, refer to section 7 of the Act. For the meaning of ‘significant residual impact’, refer to section 8 of the Act. For the definition of ‘prescribed activity’, refer to section 9 of the Act.

  • Sections 6, 7, 8, 9, 13B, 14, 15, 16, 18, 19, 19A, 19B, 21, 22, 23, 24, 25A, 26, 27, 90, Schedule 2; Regulations 4, 8, 9, 10, 14, 35, 36, 37, Schedule 1

An owner of land may apply, in the approved form, to the government for a declaration the land stated in the application is an environmental offset protection area. The application must be accompanied by: (a) an environmental offset agreement and offset delivery plan, which are designed to achieve a conservation outcome; and (b) the signed consent to the declaration of each person with an interest in the land stated in the application. If a declaration is made, the government must give notice to the land registrar pursuant to section 31 of the Act. While the declaration of an environmental offset protection area has effect, the environmental offset agreement in relation to the area is binding on each person who is the owner of land within the area, even if the person did not sign the agreement; and each other person who has a registered interest in land within the area. For the definition of ‘owner’, refer to Schedule 2 of the Act. There is also a process for a land owner to apply for registration of advanced offsets pursuant to regulation 14 of the Environmental Offsets Regulation 2014.

  • Sections 6, 26, 27, 29, 31, 32, Schedule 2; Regulations 7, 13, 14
Reason for law

To counterbalance the significant residual impacts of particular activities on prescribed environmental matters through the use of environmental offsets. (Section 3)

Relevant links

Environmental Offsets [Queensland Government]

Critique

N/A

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