{"id":"qld:act-2014-033","name":"Environmental Offsets Act 2014","slug":"environmental-offsets-act-2014","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"33 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29682,"registerId":"qld-act-2014-033-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Environmental Offsets Act 2014 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than the following provisions, commences on a day to be fixed by proclamation—\npart 14\nsection 101\nsection 102 , to the extent it inserts section 14\nsections 106 to 111\nsection 114\nsections 125 to 127\nsection 133\nsection 135\nsections 137 and 138\npart 25\nschedule 1 .\n- • part 14\n- • section 101\n- • section 102 , to the extent it inserts section 14\n- • sections 106 to 111\n- • section 114\n- • sections 125 to 127\n- • section 133\n- • section 135\n- • sections 137 and 138\n- • part 25\n- • schedule 1 .","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Purpose and application of Act","content":"# Purpose and application of Act","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purpose and achievement","content":"### sec.3 Purpose and achievement\n\nThe main purpose of this Act is to counterbalance the significant residual impacts of particular activities on prescribed environmental matters through the use of environmental offsets.\nThe main purpose is achieved primarily by—\nestablishing a framework for environmental offsets; and\nrecognising the level of protection given to prescribed environmental matters under other legislation; and\nproviding for national, State and local matters of environmental significance to be prescribed environmental matters for the purpose of this Act; and\ncoordinating the implementation of the framework in conjunction with other legislation.\nSection 95 (1) provides this Act applies to an authority granted under another Act only if the application under the other Act for the authority was made on or after the commencement of that section. See section 95 for further relevant provisions.\n(sec.3-ssec.1) The main purpose of this Act is to counterbalance the significant residual impacts of particular activities on prescribed environmental matters through the use of environmental offsets.\n(sec.3-ssec.2) The main purpose is achieved primarily by— establishing a framework for environmental offsets; and recognising the level of protection given to prescribed environmental matters under other legislation; and providing for national, State and local matters of environmental significance to be prescribed environmental matters for the purpose of this Act; and coordinating the implementation of the framework in conjunction with other legislation. Section 95 (1) provides this Act applies to an authority granted under another Act only if the application under the other Act for the authority was made on or after the commencement of that section. See section 95 for further relevant provisions.\n- (a) establishing a framework for environmental offsets; and\n- (b) recognising the level of protection given to prescribed environmental matters under other legislation; and\n- (c) providing for national, State and local matters of environmental significance to be prescribed environmental matters for the purpose of this Act; and\n- (d) coordinating the implementation of the framework in conjunction with other legislation. Note— Section 95 (1) provides this Act applies to an authority granted under another Act only if the application under the other Act for the authority was made on or after the commencement of that section. See section 95 for further relevant provisions.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nNothing in this Act makes the State, the Commonwealth or any other State liable to be prosecuted for an offence against this Act.\n(sec.4-ssec.1) This Act binds all persons including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.4-ssec.2) Nothing in this Act makes the State, the Commonwealth or any other State liable to be prosecuted for an offence against this Act.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Relationship with particular Acts","content":"### sec.5 Relationship with particular Acts\n\nThis Act does not affect or limit the functions or powers under the State Development Act of the Coordinator-General, including, for example, the power to impose a condition under part 4 , division 8 of that Act.\nAlso, this Act does not affect or limit—\nthe power of an assessment manager to impose a condition stated in a report of the Coordinator-General under section 39 of the State Development Act ; or\na person’s obligation under section 54 of the State Development Act to take into consideration the Coordinator-General’s report; or\nthe obligation on an administering authority under the Environmental Protection Act 1994 , section 205 (2) to impose a condition.\nTo remove any doubt, it is declared that if there is an inconsistency between—\nan imposed condition; and\na deemed condition;\nthe imposed condition prevails to the extent of the inconsistency with the deemed condition.\nHowever, a deemed condition prevails over some conditions in the following Acts—\nthe Environmental Protection Act 1994 —see section 714 ;\nthe Marine Parks Act 2004 —see section 151B ;\nthe Nature Conservation Act 1992 —see sections 66A and 100J .\nIn this section—\nCoordinator-General see schedule 2 of the State Development Act .\nimposed condition means—\na condition imposed under another Act as a result of a power or obligation mentioned in subsection (2) ; or\nan imposed condition within the meaning of the State Development Act , section 54B (2) .\ns 5 amd 2014 No. 59 s 9A ; 2016 No. 27 s 205 ; 2019 No. 11 s 231 s ch 1 pt 1\n(sec.5-ssec.1) This Act does not affect or limit the functions or powers under the State Development Act of the Coordinator-General, including, for example, the power to impose a condition under part 4 , division 8 of that Act.\n(sec.5-ssec.2) Also, this Act does not affect or limit— the power of an assessment manager to impose a condition stated in a report of the Coordinator-General under section 39 of the State Development Act ; or a person’s obligation under section 54 of the State Development Act to take into consideration the Coordinator-General’s report; or the obligation on an administering authority under the Environmental Protection Act 1994 , section 205 (2) to impose a condition.\n(sec.5-ssec.3) To remove any doubt, it is declared that if there is an inconsistency between— an imposed condition; and a deemed condition; the imposed condition prevails to the extent of the inconsistency with the deemed condition. However, a deemed condition prevails over some conditions in the following Acts— the Environmental Protection Act 1994 —see section 714 ; the Marine Parks Act 2004 —see section 151B ; the Nature Conservation Act 1992 —see sections 66A and 100J .\n(sec.5-ssec.4) In this section— Coordinator-General see schedule 2 of the State Development Act . imposed condition means— a condition imposed under another Act as a result of a power or obligation mentioned in subsection (2) ; or an imposed condition within the meaning of the State Development Act , section 54B (2) .\n- (a) the power of an assessment manager to impose a condition stated in a report of the Coordinator-General under section 39 of the State Development Act ; or\n- (b) a person’s obligation under section 54 of the State Development Act to take into consideration the Coordinator-General’s report; or\n- (c) the obligation on an administering authority under the Environmental Protection Act 1994 , section 205 (2) to impose a condition.\n- (a) an imposed condition; and\n- (b) a deemed condition;\n- • the Environmental Protection Act 1994 —see section 714 ;\n- • the Marine Parks Act 2004 —see section 151B ;\n- • the Nature Conservation Act 1992 —see sections 66A and 100J .\n- (a) a condition imposed under another Act as a result of a power or obligation mentioned in subsection (2) ; or\n- (b) an imposed condition within the meaning of the State Development Act , section 54B (2) .","sortOrder":6},{"sectionNumber":"pt.3","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":7},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Dictionary","content":"## Dictionary","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":9},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Key concepts and definitions","content":"## Key concepts and definitions","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"What is an offset condition and an environmental offset","content":"### sec.7 What is an offset condition and an environmental offset\n\nUnder another Act, an administering agency may impose a condition (an offset condition ) on an authority under the other Act for a prescribed activity for a prescribed environmental matter that—\nrequires an environmental offset to be undertaken; or\ncarrying out work to maintain the viability of a prescribed environmental matter\npreparing a plan about a prescribed environmental matter\nconducting scientific research or an education program\notherwise relates to an environmental offset.\npayment of a financial settlement offset\nAn environmental offset is an activity undertaken to counterbalance a significant residual impact of a prescribed activity on a prescribed environmental matter.\nHowever, an environmental offset for a prescribed environmental matter that is a protected area, other than a special wildlife reserve or nature refuge, may include the delivery of any activity that provides a social, cultural, economic or environmental benefit to any protected area.\ns 7 amd 2019 No. 8 s 40\n(sec.7-ssec.1) Under another Act, an administering agency may impose a condition (an offset condition ) on an authority under the other Act for a prescribed activity for a prescribed environmental matter that— requires an environmental offset to be undertaken; or carrying out work to maintain the viability of a prescribed environmental matter preparing a plan about a prescribed environmental matter conducting scientific research or an education program otherwise relates to an environmental offset. payment of a financial settlement offset\n(sec.7-ssec.2) An environmental offset is an activity undertaken to counterbalance a significant residual impact of a prescribed activity on a prescribed environmental matter.\n(sec.7-ssec.3) However, an environmental offset for a prescribed environmental matter that is a protected area, other than a special wildlife reserve or nature refuge, may include the delivery of any activity that provides a social, cultural, economic or environmental benefit to any protected area.\n- (a) requires an environmental offset to be undertaken; or Examples of environmental offsets for paragraph (a) — • carrying out work to maintain the viability of a prescribed environmental matter • preparing a plan about a prescribed environmental matter • conducting scientific research or an education program\n- • carrying out work to maintain the viability of a prescribed environmental matter\n- • preparing a plan about a prescribed environmental matter\n- • conducting scientific research or an education program\n- (b) otherwise relates to an environmental offset. Example for paragraph (b) — payment of a financial settlement offset\n- • carrying out work to maintain the viability of a prescribed environmental matter\n- • preparing a plan about a prescribed environmental matter\n- • conducting scientific research or an education program","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"What is a significant residual impact","content":"### sec.8 What is a significant residual impact\n\nGenerally, a significant residual impact is an adverse impact, whether direct or indirect, of a prescribed activity on all or part of a prescribed environmental matter that—\nremains, or will or is likely to remain, (whether temporarily or permanently) despite on-site mitigation measures for the prescribed activity; and\nis, or will or is likely to be, significant.\nIf a prescribed environmental matter is a protected area and the adverse impact of the prescribed activity results, or will or is likely to result, in 1 or more of the following, for the purpose of subsection (1) (b) , the impact is significant—\nthe authorised clearing or inundation of all or part of the protected area for the construction of private or publicly owned infrastructure on the area;\nthe exclusion of, or reduction in, the public use or enjoyment of all or part of the protected area;\na reduction in the natural or cultural values, within the meaning of the Nature Conservation Act 1992 , of all or part of the protected area.\nHowever, an impact as mentioned in subsection (2) is not a significant residual impact for the protected area if the prescribed activity is—\nconducted by an authorised person performing functions under the Nature Conservation Act 1992 ; and\nconsistent with the management of the area under the Nature Conservation Act 1992 , section 15 .\nIf a prescribed environmental matter is, or is in, a legally secured offset area and the adverse impact of the prescribed activity on all or part of the matter results, or will or is likely to result, in 1 or more of the following, for the purpose of subsection (1) (b) , the impact is significant—\nfor the prescribed environmental matter for which the area was set aside for the purposes of an environmental offset—a use of the area that is inconsistent with how the environmental offset was or is required to be undertaken to achieve a conservation outcome for the prescribed environmental matter under a delivery or management plan or agreement (however described in this or another Act);\nfor any other prescribed environmental matter in the area—a significant residual impact as mentioned in subsection (1) on the other prescribed environmental matter.\nFor subsection (2) , a protected area does not include a nature refuge.\nTo remove any doubt, it is declared that subsection (2) does not apply to a prescribed environmental matter in a protected area.\n(sec.8-ssec.1) Generally, a significant residual impact is an adverse impact, whether direct or indirect, of a prescribed activity on all or part of a prescribed environmental matter that— remains, or will or is likely to remain, (whether temporarily or permanently) despite on-site mitigation measures for the prescribed activity; and is, or will or is likely to be, significant.\n(sec.8-ssec.2) If a prescribed environmental matter is a protected area and the adverse impact of the prescribed activity results, or will or is likely to result, in 1 or more of the following, for the purpose of subsection (1) (b) , the impact is significant— the authorised clearing or inundation of all or part of the protected area for the construction of private or publicly owned infrastructure on the area; the exclusion of, or reduction in, the public use or enjoyment of all or part of the protected area; a reduction in the natural or cultural values, within the meaning of the Nature Conservation Act 1992 , of all or part of the protected area.\n(sec.8-ssec.3) However, an impact as mentioned in subsection (2) is not a significant residual impact for the protected area if the prescribed activity is— conducted by an authorised person performing functions under the Nature Conservation Act 1992 ; and consistent with the management of the area under the Nature Conservation Act 1992 , section 15 .\n(sec.8-ssec.4) If a prescribed environmental matter is, or is in, a legally secured offset area and the adverse impact of the prescribed activity on all or part of the matter results, or will or is likely to result, in 1 or more of the following, for the purpose of subsection (1) (b) , the impact is significant— for the prescribed environmental matter for which the area was set aside for the purposes of an environmental offset—a use of the area that is inconsistent with how the environmental offset was or is required to be undertaken to achieve a conservation outcome for the prescribed environmental matter under a delivery or management plan or agreement (however described in this or another Act); for any other prescribed environmental matter in the area—a significant residual impact as mentioned in subsection (1) on the other prescribed environmental matter.\n(sec.8-ssec.5) For subsection (2) , a protected area does not include a nature refuge.\n(sec.8-ssec.6) To remove any doubt, it is declared that subsection (2) does not apply to a prescribed environmental matter in a protected area.\n- (a) remains, or will or is likely to remain, (whether temporarily or permanently) despite on-site mitigation measures for the prescribed activity; and\n- (b) is, or will or is likely to be, significant.\n- (a) the authorised clearing or inundation of all or part of the protected area for the construction of private or publicly owned infrastructure on the area;\n- (b) the exclusion of, or reduction in, the public use or enjoyment of all or part of the protected area;\n- (c) a reduction in the natural or cultural values, within the meaning of the Nature Conservation Act 1992 , of all or part of the protected area.\n- (a) conducted by an authorised person performing functions under the Nature Conservation Act 1992 ; and\n- (b) consistent with the management of the area under the Nature Conservation Act 1992 , section 15 .\n- (a) for the prescribed environmental matter for which the area was set aside for the purposes of an environmental offset—a use of the area that is inconsistent with how the environmental offset was or is required to be undertaken to achieve a conservation outcome for the prescribed environmental matter under a delivery or management plan or agreement (however described in this or another Act);\n- (b) for any other prescribed environmental matter in the area—a significant residual impact as mentioned in subsection (1) on the other prescribed environmental matter.","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"What is a prescribed activity","content":"### sec.9 What is a prescribed activity\n\nA prescribed activity is an activity—\nthe subject of an authority under another Act; and\nfor which an offset condition may be imposed under the other Act on the authority; and\nthat is prescribed under a regulation.\n- (a) the subject of an authority under another Act; and\n- (b) for which an offset condition may be imposed under the other Act on the authority; and\n- (c) that is prescribed under a regulation.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"What is a prescribed environmental matter and a matter of environmental significance","content":"### sec.10 What is a prescribed environmental matter and a matter of environmental significance\n\nA prescribed environmental matter is any of the following matters prescribed under a regulation to be a prescribed environmental matter—\na matter of national environmental significance;\na matter of State environmental significance;\na matter of local environmental significance.\nThe prescription of a prescribed environmental matter may be made by reference to a matter declared, defined, designated, established, listed, prescribed or otherwise described under this Act or another Act.\na fish habitat area declared under the Fisheries Act 1994\na marine conservation park zone established under a zoning plan for a State marine park under the Marine Parks Act 2004\nvulnerable wildlife prescribed under the Nature Conservation Act 1992\nA regulation may only prescribe a matter of national environmental significance to be a prescribed environmental matter if—\nit is a matter of national environmental significance under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , chapter 2 ; and\nit is, or may be, the subject of an approval for the taking of an action or class of actions in relation to the matter under section 46 or 146B of that Act.\n(sec.10-ssec.1) A prescribed environmental matter is any of the following matters prescribed under a regulation to be a prescribed environmental matter— a matter of national environmental significance; a matter of State environmental significance; a matter of local environmental significance.\n(sec.10-ssec.2) The prescription of a prescribed environmental matter may be made by reference to a matter declared, defined, designated, established, listed, prescribed or otherwise described under this Act or another Act. a fish habitat area declared under the Fisheries Act 1994 a marine conservation park zone established under a zoning plan for a State marine park under the Marine Parks Act 2004 vulnerable wildlife prescribed under the Nature Conservation Act 1992\n(sec.10-ssec.3) A regulation may only prescribe a matter of national environmental significance to be a prescribed environmental matter if— it is a matter of national environmental significance under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , chapter 2 ; and it is, or may be, the subject of an approval for the taking of an action or class of actions in relation to the matter under section 46 or 146B of that Act.\n- (a) a matter of national environmental significance;\n- (b) a matter of State environmental significance;\n- (c) a matter of local environmental significance.\n- • a fish habitat area declared under the Fisheries Act 1994\n- • a marine conservation park zone established under a zoning plan for a State marine park under the Marine Parks Act 2004\n- • vulnerable wildlife prescribed under the Nature Conservation Act 1992\n- (a) it is a matter of national environmental significance under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , chapter 2 ; and\n- (b) it is, or may be, the subject of an approval for the taking of an action or class of actions in relation to the matter under section 46 or 146B of that Act.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Conservation outcome achieved by environmental offset","content":"### sec.11 Conservation outcome achieved by environmental offset\n\nA conservation outcome is achieved by an environmental offset for a prescribed activity for a prescribed environmental matter if the offset is selected, designed and managed to maintain the viability of the matter.","sortOrder":15},{"sectionNumber":"pt.4","sectionType":"part","heading":"Environmental offsets policies","content":"# Environmental offsets policies","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"What is an environmental offsets policy","content":"### sec.12 What is an environmental offsets policy\n\nAn environmental offsets policy is a document prescribed under a regulation to be an environmental offsets policy.\nAs soon as possible after the prescription as an environmental offsets policy of a document made by the chief executive, the chief executive must make the policy available for inspection in the way the chief executive considers appropriate.\nAs soon as possible after the prescription as an environmental offsets policy of a document made by a local government, the local government must ensure the policy is available for inspection in the way the local government considers appropriate.\nFor subsections (2) and (3) , an example of a way the chief executive or a local government may consider appropriate is making the document available in an electronic form on a website.\nIf the document prescribed to be an environmental offsets policy is amended or repealed, the amendment or repeal does not take effect for this Act until—\nfor an amendment—the document as amended is prescribed to be an environmental offsets policy; or\nfor a repeal—the document is prescribed to have been repealed.\n(sec.12-ssec.1) An environmental offsets policy is a document prescribed under a regulation to be an environmental offsets policy.\n(sec.12-ssec.2) As soon as possible after the prescription as an environmental offsets policy of a document made by the chief executive, the chief executive must make the policy available for inspection in the way the chief executive considers appropriate.\n(sec.12-ssec.3) As soon as possible after the prescription as an environmental offsets policy of a document made by a local government, the local government must ensure the policy is available for inspection in the way the local government considers appropriate.\n(sec.12-ssec.4) For subsections (2) and (3) , an example of a way the chief executive or a local government may consider appropriate is making the document available in an electronic form on a website.\n(sec.12-ssec.5) If the document prescribed to be an environmental offsets policy is amended or repealed, the amendment or repeal does not take effect for this Act until— for an amendment—the document as amended is prescribed to be an environmental offsets policy; or for a repeal—the document is prescribed to have been repealed.\n- (a) for an amendment—the document as amended is prescribed to be an environmental offsets policy; or\n- (b) for a repeal—the document is prescribed to have been repealed.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Content of environmental offsets policy","content":"### sec.13 Content of environmental offsets policy\n\nAn environmental offsets policy may—\nset out the circumstances in which an environmental offset may or may not be required; or\nset out the characteristics of an area that is suitable for undertaking an environmental offset; or\nprovide for the ongoing management and monitoring of, and reporting about, an environmental offset; or\nprovide for deciding the size and scale of an environmental offset so the offset is proportionate to the significant residual impacts on a prescribed environmental matter; or\nset out the requirements for determining the amount required for a financial settlement offset; or\ninclude any other provision relating to the main purpose of this Act.\ns 13 amd 2014 No. 59 s 10A\n- (a) set out the circumstances in which an environmental offset may or may not be required; or\n- (b) set out the characteristics of an area that is suitable for undertaking an environmental offset; or\n- (c) provide for the ongoing management and monitoring of, and reporting about, an environmental offset; or\n- (d) provide for deciding the size and scale of an environmental offset so the offset is proportionate to the significant residual impacts on a prescribed environmental matter; or\n- (e) set out the requirements for determining the amount required for a financial settlement offset; or\n- (f) include any other provision relating to the main purpose of this Act.","sortOrder":18},{"sectionNumber":"pt.5","sectionType":"part","heading":"Imposing offset conditions","content":"# Imposing offset conditions","sortOrder":19},{"sectionNumber":"sec.13A","sectionType":"section","heading":"Definition for pt 5","content":"### sec.13A Definition for pt 5\n\nIn this part—\nexisting means—\nfor a State condition—an offset condition that has been imposed; or\nfor a Commonwealth condition—a condition that has been imposed under a relevant Commonwealth Act.\ns 13A ins 2014 No. 59 s 10\n- (a) for a State condition—an offset condition that has been imposed; or\n- (b) for a Commonwealth condition—a condition that has been imposed under a relevant Commonwealth Act.","sortOrder":20},{"sectionNumber":"sec.13B","sectionType":"section","heading":"What this part is about","content":"### sec.13B What this part is about\n\nThis part applies if an administering agency may impose an offset condition on an authority, under another Act, for an impact on a prescribed environmental matter.\nThis part applies despite anything to the contrary in the other Act, other than as mentioned in—\nsection 5 ; or\nthe Planning Act , section 62 .\ns 13B ins 2014 No. 59 s 10B\namd 2016 No. 27 s 206\n(sec.13B-ssec.1) This part applies if an administering agency may impose an offset condition on an authority, under another Act, for an impact on a prescribed environmental matter.\n(sec.13B-ssec.2) This part applies despite anything to the contrary in the other Act, other than as mentioned in— section 5 ; or the Planning Act , section 62 .\n- (a) section 5 ; or\n- (b) the Planning Act , section 62 .","sortOrder":21},{"sectionNumber":"sec.14","sectionType":"section","heading":"Imposing offset condition","content":"### sec.14 Imposing offset condition\n\nThe administering agency may impose the offset condition only if satisfied—\nthe prescribed activity will, or is likely to, have a significant residual impact on a prescribed environmental matter; and\nall reasonable on-site mitigation measures for the prescribed activity have been, or will be, undertaken.\nWhen making a decision under the other Act about whether to impose an offset condition, the administering agency must consider any offset condition that has been imposed on an authority under another Act for—\nthe same, or substantially the same, impact; and\nthe same, or substantially the same, prescribed environmental matter.\ns 14 sub 2014 No. 59 s 11\n(sec.14-ssec.1) The administering agency may impose the offset condition only if satisfied— the prescribed activity will, or is likely to, have a significant residual impact on a prescribed environmental matter; and all reasonable on-site mitigation measures for the prescribed activity have been, or will be, undertaken.\n(sec.14-ssec.2) When making a decision under the other Act about whether to impose an offset condition, the administering agency must consider any offset condition that has been imposed on an authority under another Act for— the same, or substantially the same, impact; and the same, or substantially the same, prescribed environmental matter.\n- (a) the prescribed activity will, or is likely to, have a significant residual impact on a prescribed environmental matter; and\n- (b) all reasonable on-site mitigation measures for the prescribed activity have been, or will be, undertaken.\n- (a) the same, or substantially the same, impact; and\n- (b) the same, or substantially the same, prescribed environmental matter.","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":"Restriction on imposition of offset condition","content":"### sec.15 Restriction on imposition of offset condition\n\nAn administering agency may impose an offset condition on an authority only if—\nthe same, or substantially the same, impact has not been assessed under a relevant Commonwealth Act; and\nthe same, or substantially the same, prescribed environmental matter has not been assessed under a relevant Commonwealth Act.\nSubsection (1) applies whether or not the assessment resulted in the imposition of an offset condition.\nHowever, subsection (1) does not apply if the prescribed environmental matter to which the condition relates is a protected area.\nAn administering agency that is a local government may impose an offset condition on an authority only for the following—\na matter of local environmental significance;\nanother prescribed environmental matter that is further prescribed by regulation as relevant for this subsection.\nIn this section—\nrelevant Commonwealth Act means—\nthe Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) as a controlled action; or\nthe Great Barrier Reef Marine Park Act 1975 (Cwlth) ; or\nanother Commonwealth Act prescribed by regulation.\ns 15 sub 2014 No. 59 s 12\n(sec.15-ssec.1) An administering agency may impose an offset condition on an authority only if— the same, or substantially the same, impact has not been assessed under a relevant Commonwealth Act; and the same, or substantially the same, prescribed environmental matter has not been assessed under a relevant Commonwealth Act.\n(sec.15-ssec.2) Subsection (1) applies whether or not the assessment resulted in the imposition of an offset condition.\n(sec.15-ssec.3) However, subsection (1) does not apply if the prescribed environmental matter to which the condition relates is a protected area.\n(sec.15-ssec.4) An administering agency that is a local government may impose an offset condition on an authority only for the following— a matter of local environmental significance; another prescribed environmental matter that is further prescribed by regulation as relevant for this subsection.\n(sec.15-ssec.5) In this section— relevant Commonwealth Act means— the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) as a controlled action; or the Great Barrier Reef Marine Park Act 1975 (Cwlth) ; or another Commonwealth Act prescribed by regulation.\n- (a) the same, or substantially the same, impact has not been assessed under a relevant Commonwealth Act; and\n- (b) the same, or substantially the same, prescribed environmental matter has not been assessed under a relevant Commonwealth Act.\n- (a) a matter of local environmental significance;\n- (b) another prescribed environmental matter that is further prescribed by regulation as relevant for this subsection.\n- (a) the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) as a controlled action; or\n- (b) the Great Barrier Reef Marine Park Act 1975 (Cwlth) ; or\n- (c) another Commonwealth Act prescribed by regulation.","sortOrder":23},{"sectionNumber":"pt.6","sectionType":"part","heading":"Requirements about environmental offsets","content":"# Requirements about environmental offsets","sortOrder":24},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Deemed conditions","content":"## Deemed conditions","sortOrder":25},{"sectionNumber":"sec.16","sectionType":"section","heading":"Conditions that apply under this Act to authority","content":"### sec.16 Conditions that apply under this Act to authority\n\nThis section applies if an offset condition is imposed on an authority, under another Act, for a significant residual impact of a prescribed activity on a prescribed environmental matter.\nSections 19B , 22 , 24 and 25 state further conditions that, under this Act, are imposed on the authority.\nA further condition mentioned in subsection (2) is a deemed condition of the authority.\nA reference in another Act to a condition (however described) of the authority includes each deemed condition.\nSubsection (4) applies despite anything to the contrary in the Planning Act , section 66 (1) (a) and (c) .\ns 16 amd 2014 No. 59 s 13A ; 2016 No. 27 s 207\n(sec.16-ssec.1) This section applies if an offset condition is imposed on an authority, under another Act, for a significant residual impact of a prescribed activity on a prescribed environmental matter.\n(sec.16-ssec.2) Sections 19B , 22 , 24 and 25 state further conditions that, under this Act, are imposed on the authority.\n(sec.16-ssec.3) A further condition mentioned in subsection (2) is a deemed condition of the authority.\n(sec.16-ssec.4) A reference in another Act to a condition (however described) of the authority includes each deemed condition.\n(sec.16-ssec.5) Subsection (4) applies despite anything to the contrary in the Planning Act , section 66 (1) (a) and (c) .","sortOrder":26},{"sectionNumber":"sec.17","sectionType":"section","heading":"Contravention of deemed condition","content":"### sec.17 Contravention of deemed condition\n\nThis section applies to the following persons—\nan authority holder;\nanother person who is acting under an authority granted under another Act.\nA person to whom this section applies must comply with each deemed condition of the authority.\nIf a person contravenes a deemed condition, the person may be dealt with under the Act under which the authority was granted as if the person had contravened an offset condition imposed under that Act.\nWithout limiting subsection (3) , the person may be prosecuted under the other Act for a breach of a deemed condition and, if convicted, is liable to a penalty in the same way and to the same extent as if the person had breached an offset condition imposed under the other Act.\n(sec.17-ssec.1) This section applies to the following persons— an authority holder; another person who is acting under an authority granted under another Act.\n(sec.17-ssec.2) A person to whom this section applies must comply with each deemed condition of the authority.\n(sec.17-ssec.3) If a person contravenes a deemed condition, the person may be dealt with under the Act under which the authority was granted as if the person had contravened an offset condition imposed under that Act.\n(sec.17-ssec.4) Without limiting subsection (3) , the person may be prosecuted under the other Act for a breach of a deemed condition and, if convicted, is liable to a penalty in the same way and to the same extent as if the person had breached an offset condition imposed under the other Act.\n- (a) an authority holder;\n- (b) another person who is acting under an authority granted under another Act.","sortOrder":27},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Election before starting prescribed activity","content":"## Election before starting prescribed activity","sortOrder":28},{"sectionNumber":"sec.18","sectionType":"section","heading":"Electing how to deliver environmental offset","content":"### sec.18 Electing how to deliver environmental offset\n\nThis section applies if—\nunder another Act, an offset condition has been, or may be, imposed on an authority; and\nthe condition relates to the significant residual impact of a prescribed activity on a prescribed environmental matter.\nAn entity may, by notice in the approved form given to the administering agency for the offset condition, elect to deliver an environmental offset for the prescribed activity, or for a stage of the prescribed activity, by—\na proponent-driven offset; or\na financial settlement offset; or\na combination of a proponent-driven offset and a financial settlement offset.\nA notice of election that involves a proponent-driven offset must be accompanied by a plan (an offset delivery plan ) about how the entity will undertake the offset.\nThe offset delivery plan must—\ndescribe how an environmental offset will be undertaken and the conservation outcome will be achieved; and\nstate that the entity, and any other entity that owns land on which the environmental offset will be undertaken, agree to the offset being undertaken; and\nbe signed by the entities mentioned in paragraph (b) ; and\nsatisfy each other requirement prescribed by regulation for this section.\nFor subsection (4) (a) , the offset delivery plan must—\neffectively account for and manage the risks of the environmental offset failing to achieve the conservation outcome; and\nensure the environmental offset provides benefits in relation to the prescribed environmental matter in addition to any other benefit provided under a requirement of, or of an authority under, an Act; and\nEnsuring an environmental offset in relation to the management of a pest provides benefits in addition to a landowner’s obligation under the Biosecurity Act 2014 , section 23 to take all reasonable and practical measures to prevent or minimise a biosecurity risk within the meaning of that Act.\nhave transparent governance arrangements that can be readily measured, monitored, audited and enforced; and\nensure the environmental offset is of a size and scale proportionate to the significant residual impact on the prescribed environmental matter.\ns 18 sub 2014 No. 59 s 13B\namd 2019 No. 8 s 41 ; 2020 No. 3 s 136 sch 1\n(sec.18-ssec.1) This section applies if— under another Act, an offset condition has been, or may be, imposed on an authority; and the condition relates to the significant residual impact of a prescribed activity on a prescribed environmental matter.\n(sec.18-ssec.2) An entity may, by notice in the approved form given to the administering agency for the offset condition, elect to deliver an environmental offset for the prescribed activity, or for a stage of the prescribed activity, by— a proponent-driven offset; or a financial settlement offset; or a combination of a proponent-driven offset and a financial settlement offset.\n(sec.18-ssec.3) A notice of election that involves a proponent-driven offset must be accompanied by a plan (an offset delivery plan ) about how the entity will undertake the offset.\n(sec.18-ssec.4) The offset delivery plan must— describe how an environmental offset will be undertaken and the conservation outcome will be achieved; and state that the entity, and any other entity that owns land on which the environmental offset will be undertaken, agree to the offset being undertaken; and be signed by the entities mentioned in paragraph (b) ; and satisfy each other requirement prescribed by regulation for this section.\n(sec.18-ssec.5) For subsection (4) (a) , the offset delivery plan must— effectively account for and manage the risks of the environmental offset failing to achieve the conservation outcome; and ensure the environmental offset provides benefits in relation to the prescribed environmental matter in addition to any other benefit provided under a requirement of, or of an authority under, an Act; and Ensuring an environmental offset in relation to the management of a pest provides benefits in addition to a landowner’s obligation under the Biosecurity Act 2014 , section 23 to take all reasonable and practical measures to prevent or minimise a biosecurity risk within the meaning of that Act. have transparent governance arrangements that can be readily measured, monitored, audited and enforced; and ensure the environmental offset is of a size and scale proportionate to the significant residual impact on the prescribed environmental matter.\n- (a) under another Act, an offset condition has been, or may be, imposed on an authority; and\n- (b) the condition relates to the significant residual impact of a prescribed activity on a prescribed environmental matter.\n- (a) a proponent-driven offset; or\n- (b) a financial settlement offset; or\n- (c) a combination of a proponent-driven offset and a financial settlement offset.\n- (a) describe how an environmental offset will be undertaken and the conservation outcome will be achieved; and\n- (b) state that the entity, and any other entity that owns land on which the environmental offset will be undertaken, agree to the offset being undertaken; and\n- (c) be signed by the entities mentioned in paragraph (b) ; and\n- (d) satisfy each other requirement prescribed by regulation for this section.\n- (a) effectively account for and manage the risks of the environmental offset failing to achieve the conservation outcome; and\n- (b) ensure the environmental offset provides benefits in relation to the prescribed environmental matter in addition to any other benefit provided under a requirement of, or of an authority under, an Act; and Example for paragraph (b) — Ensuring an environmental offset in relation to the management of a pest provides benefits in addition to a landowner’s obligation under the Biosecurity Act 2014 , section 23 to take all reasonable and practical measures to prevent or minimise a biosecurity risk within the meaning of that Act.\n- (c) have transparent governance arrangements that can be readily measured, monitored, audited and enforced; and\n- (d) ensure the environmental offset is of a size and scale proportionate to the significant residual impact on the prescribed environmental matter.","sortOrder":29},{"sectionNumber":"sec.19","sectionType":"section","heading":"Agreed delivery arrangements","content":"### sec.19 Agreed delivery arrangements\n\nAfter receiving a notice of election, the administering agency must consider the election and any offset delivery plan, including by considering—\neach relevant environmental offsets policy; and\nany other matter prescribed by regulation for this section.\nThe 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.\nThe administering agency must give the entity a notice that states—\nthe way in which the environmental offset is required to be delivered; and\nthe entity is required to enter into an agreed delivery arrangement within a stated reasonable period; and\nthat the entity may apply for a review of the decision; and\nhow and when the entity may apply for a review of the decision.\nAn agreed delivery arrangement is an agreement between an entity and the administering agency about the entity’s delivery of an environmental offset, with reference to any offset delivery plan.\nAn agreed delivery arrangement may be entered into before or after the authority is granted.\nHowever, see section 19A for when an agreed delivery arrangement is entered into before the authority is granted.\nIf the administering agency fails to give notice under subsection (3) within 40 business days after receiving the notice of election, the entity may apply for a review of the failure to give the notice, in the way provided for under subsection (8) .\nThe entity and administering agency may amend either or both of the following—\nthe agreed delivery arrangement;\nan offset delivery plan;\nby entering into another agreed delivery arrangement before the entity starts the relevant prescribed activity, or the relevant stage of a prescribed activity.\nA regulation may provide for—\na review of a decision to require an environmental offset to be delivered in a way that differs from the way stated in a notice of election; or\na review of a failure to give a notice under subsection (3) within 40 business days after the administering agency receives the notice of election; or\nwhat happens if the entity and administering agency do not enter into an agreed delivery arrangement within the stated reasonable period; or\na dispute resolution process.\ns 19 sub 2014 No. 59 s 13B\n(sec.19-ssec.1) After receiving a notice of election, the administering agency must consider the election and any offset delivery plan, including by considering— each relevant environmental offsets policy; and any other matter prescribed by regulation for this section.\n(sec.19-ssec.2) 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.\n(sec.19-ssec.3) The administering agency must give the entity a notice that states— the way in which the environmental offset is required to be delivered; and the entity is required to enter into an agreed delivery arrangement within a stated reasonable period; and that the entity may apply for a review of the decision; and how and when the entity may apply for a review of the decision.\n(sec.19-ssec.4) An agreed delivery arrangement is an agreement between an entity and the administering agency about the entity’s delivery of an environmental offset, with reference to any offset delivery plan.\n(sec.19-ssec.5) An agreed delivery arrangement may be entered into before or after the authority is granted. However, see section 19A for when an agreed delivery arrangement is entered into before the authority is granted.\n(sec.19-ssec.6) If the administering agency fails to give notice under subsection (3) within 40 business days after receiving the notice of election, the entity may apply for a review of the failure to give the notice, in the way provided for under subsection (8) .\n(sec.19-ssec.7) The entity and administering agency may amend either or both of the following— the agreed delivery arrangement; an offset delivery plan; by entering into another agreed delivery arrangement before the entity starts the relevant prescribed activity, or the relevant stage of a prescribed activity.\n(sec.19-ssec.8) A regulation may provide for— a review of a decision to require an environmental offset to be delivered in a way that differs from the way stated in a notice of election; or a review of a failure to give a notice under subsection (3) within 40 business days after the administering agency receives the notice of election; or what happens if the entity and administering agency do not enter into an agreed delivery arrangement within the stated reasonable period; or a dispute resolution process.\n- (a) each relevant environmental offsets policy; and\n- (b) any other matter prescribed by regulation for this section.\n- (a) the way in which the environmental offset is required to be delivered; and\n- (b) the entity is required to enter into an agreed delivery arrangement within a stated reasonable period; and\n- (c) that the entity may apply for a review of the decision; and\n- (d) how and when the entity may apply for a review of the decision.\n- (a) the agreed delivery arrangement;\n- (b) an offset delivery plan;\n- (a) a review of a decision to require an environmental offset to be delivered in a way that differs from the way stated in a notice of election; or\n- (b) a review of a failure to give a notice under subsection (3) within 40 business days after the administering agency receives the notice of election; or\n- (c) what happens if the entity and administering agency do not enter into an agreed delivery arrangement within the stated reasonable period; or\n- (d) a dispute resolution process.","sortOrder":30},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Agreed delivery arrangement before authority granted","content":"### sec.19A Agreed delivery arrangement before authority granted\n\nThis section applies if an entity enters into an agreed delivery arrangement (the early arrangement ) under section 19 before an authority is granted.\nThe entity—\nmay start to deliver a proponent-driven offset before the authority is granted; but\nmust not pay any amount under a financial settlement offset until after the authority is granted.\nIf, after the early arrangement is entered into, but not more than 10 business days after the authority for the prescribed activity is granted—\nthere is a change in the way the prescribed activity is proposed to be carried out that will result in a change to the impact; and\nthe administering agency decides that the impact that is counterbalanced under the early arrangement differs from the impact likely to arise from the prescribed activity;\nthe administering agency must give the entity a notice under subsection (4) .\nThe administering agency’s notice must state—\nthe environmental offset is required to be delivered in a way that differs from the way stated in the early arrangement; and\nthe entity is required to enter into another agreed delivery arrangement to that effect, within a stated reasonable period; and\nthe reasons for the decision; and\nthat the entity may apply for a review of the decision; and\nhow and when the entity may apply for a review of the decision.\nA regulation may provide for a review of the decision to require the environmental offset to be delivered in a way that differs from the way stated in the early arrangement.\ns 19A ins 2014 No. 59 s 13C\n(sec.19A-ssec.1) This section applies if an entity enters into an agreed delivery arrangement (the early arrangement ) under section 19 before an authority is granted.\n(sec.19A-ssec.2) The entity— may start to deliver a proponent-driven offset before the authority is granted; but must not pay any amount under a financial settlement offset until after the authority is granted.\n(sec.19A-ssec.3) If, after the early arrangement is entered into, but not more than 10 business days after the authority for the prescribed activity is granted— there is a change in the way the prescribed activity is proposed to be carried out that will result in a change to the impact; and the administering agency decides that the impact that is counterbalanced under the early arrangement differs from the impact likely to arise from the prescribed activity; the administering agency must give the entity a notice under subsection (4) .\n(sec.19A-ssec.4) The administering agency’s notice must state— the environmental offset is required to be delivered in a way that differs from the way stated in the early arrangement; and the entity is required to enter into another agreed delivery arrangement to that effect, within a stated reasonable period; and the reasons for the decision; and that the entity may apply for a review of the decision; and how and when the entity may apply for a review of the decision.\n(sec.19A-ssec.5) A regulation may provide for a review of the decision to require the environmental offset to be delivered in a way that differs from the way stated in the early arrangement.\n- (a) may start to deliver a proponent-driven offset before the authority is granted; but\n- (b) must not pay any amount under a financial settlement offset until after the authority is granted.\n- (a) there is a change in the way the prescribed activity is proposed to be carried out that will result in a change to the impact; and\n- (b) the administering agency decides that the impact that is counterbalanced under the early arrangement differs from the impact likely to arise from the prescribed activity;\n- (a) the environmental offset is required to be delivered in a way that differs from the way stated in the early arrangement; and\n- (b) the entity is required to enter into another agreed delivery arrangement to that effect, within a stated reasonable period; and\n- (c) the reasons for the decision; and\n- (d) that the entity may apply for a review of the decision; and\n- (e) how and when the entity may apply for a review of the decision.","sortOrder":31},{"sectionNumber":"sec.19B","sectionType":"section","heading":"Deemed condition for agreed delivery arrangement","content":"### sec.19B Deemed condition for agreed delivery arrangement\n\nThis section applies to an authority, granted by an administering agency under another Act, to carry out a prescribed activity to which an offset condition relates.\nIt is a condition of the authority that the authority holder must have entered into an agreed delivery arrangement with the administering agency, before starting—\nany works that impact on the prescribed environmental matter to which the offset condition relates; or\nif the authority allows the prescribed activity to be carried out in stages—any works for the stage that impact on the prescribed environmental matter to which the offset condition relates.\ns 19B ins 2014 No. 59 s 13D\n(sec.19B-ssec.1) This section applies to an authority, granted by an administering agency under another Act, to carry out a prescribed activity to which an offset condition relates.\n(sec.19B-ssec.2) It is a condition of the authority that the authority holder must have entered into an agreed delivery arrangement with the administering agency, before starting— any works that impact on the prescribed environmental matter to which the offset condition relates; or if the authority allows the prescribed activity to be carried out in stages—any works for the stage that impact on the prescribed environmental matter to which the offset condition relates.\n- (a) any works that impact on the prescribed environmental matter to which the offset condition relates; or\n- (b) if the authority allows the prescribed activity to be carried out in stages—any works for the stage that impact on the prescribed environmental matter to which the offset condition relates.","sortOrder":32},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Amending agreements after prescribed activity starts","content":"## Amending agreements after prescribed activity starts","sortOrder":33},{"sectionNumber":"sec.20","sectionType":"section","heading":"Amending agreement after prescribed activity starts","content":"### sec.20 Amending agreement after prescribed activity starts\n\nThis section applies if—\nan administering agency and an authority holder have entered into an agreed delivery arrangement that involves a proponent-driven offset; and\nthe authority holder has started the prescribed activity to which the authority relates.\nThe authority holder and administering agency may, by entering into another agreed delivery arrangement, amend either or both of the following—\nthe agreed delivery arrangement;\nan offset delivery plan about the delivery of the proponent-driven offset.\nIn considering whether to enter into a further agreed delivery arrangement, the administering agency must consider the matters mentioned in section 19 (1) (a) and (b) .\nAn offset delivery plan amended under this section must comply with section 18 (4) and (5) .\ns 20 sub 2014 No. 59 s 13E\n(sec.20-ssec.1) This section applies if— an administering agency and an authority holder have entered into an agreed delivery arrangement that involves a proponent-driven offset; and the authority holder has started the prescribed activity to which the authority relates.\n(sec.20-ssec.2) The authority holder and administering agency may, by entering into another agreed delivery arrangement, amend either or both of the following— the agreed delivery arrangement; an offset delivery plan about the delivery of the proponent-driven offset.\n(sec.20-ssec.3) In considering whether to enter into a further agreed delivery arrangement, the administering agency must consider the matters mentioned in section 19 (1) (a) and (b) .\n(sec.20-ssec.4) An offset delivery plan amended under this section must comply with section 18 (4) and (5) .\n- (a) an administering agency and an authority holder have entered into an agreed delivery arrangement that involves a proponent-driven offset; and\n- (b) the authority holder has started the prescribed activity to which the authority relates.\n- (a) the agreed delivery arrangement;\n- (b) an offset delivery plan about the delivery of the proponent-driven offset.","sortOrder":34},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Proponent-driven offsets","content":"## Proponent-driven offsets","sortOrder":35},{"sectionNumber":"sec.21","sectionType":"section","heading":"What is a proponent-driven offset","content":"### sec.21 What is a proponent-driven offset\n\nA proponent-driven offset is an environmental offset that an entity undertakes directly or indirectly.\nAn entity may deliver an environmental offset by contracting with a broker to carry out activities on the entity’s behalf.\ns 21 sub 2014 No. 59 s 13F","sortOrder":36},{"sectionNumber":"sec.22","sectionType":"section","heading":"Requirement for proponent-driven offset","content":"### sec.22 Requirement for proponent-driven offset\n\nThis section applies if, under an agreed delivery arrangement, an authority holder is to deliver an environmental offset in whole or in part by a proponent-driven offset.\nIt is a condition of the authority that the authority holder must comply with the agreed delivery arrangement, including the agreed offset delivery plan.\n(sec.22-ssec.1) This section applies if, under an agreed delivery arrangement, an authority holder is to deliver an environmental offset in whole or in part by a proponent-driven offset.\n(sec.22-ssec.2) It is a condition of the authority that the authority holder must comply with the agreed delivery arrangement, including the agreed offset delivery plan.","sortOrder":37},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Financial settlement offsets","content":"## Financial settlement offsets","sortOrder":38},{"sectionNumber":"sec.23","sectionType":"section","heading":"What is a financial settlement offset","content":"### sec.23 What is a financial settlement offset\n\nA financial settlement offset is a payment, in relation to delivering an offset condition imposed on an authority, by the authority holder to the department or a local government of an amount required by the administering agency that granted the authority.\nThe amount of the payment is—\nif the administering agency is a local government—an amount up to the amount determined by the local government in accordance with the environmental offsets policy; or\nfor any other administering agency—an amount determined by the administering agency in accordance with the environmental offsets policy.\ns 23 amd 2014 No. 59 s 13G\n(sec.23-ssec.1) A financial settlement offset is a payment, in relation to delivering an offset condition imposed on an authority, by the authority holder to the department or a local government of an amount required by the administering agency that granted the authority.\n(sec.23-ssec.2) The amount of the payment is— if the administering agency is a local government—an amount up to the amount determined by the local government in accordance with the environmental offsets policy; or for any other administering agency—an amount determined by the administering agency in accordance with the environmental offsets policy.\n- (a) if the administering agency is a local government—an amount up to the amount determined by the local government in accordance with the environmental offsets policy; or\n- (b) for any other administering agency—an amount determined by the administering agency in accordance with the environmental offsets policy.","sortOrder":39},{"sectionNumber":"sec.24","sectionType":"section","heading":"Requirements for financial settlement offsets","content":"### sec.24 Requirements for financial settlement offsets\n\nThis section applies if, under an agreed delivery arrangement, an authority holder is to deliver an offset condition in whole or in part by a financial settlement offset.\nIt is a condition of the authority that, before the authority holder starts any part of the prescribed activity to which the offset condition relates, the holder must pay the amount required by, and in the way stated in, the agreed delivery arrangement—\nif the offset condition relates to a matter of local environmental significance that is prescribed as a prescribed environmental matter—to the local government that is the administering agency; or\nif the offset condition relates to a matter of State environmental significance that is prescribed as a prescribed environmental matter and further prescribed as relevant for this section—to the local government that is the administering agency; or\notherwise—to the department.\nSee also sections 85 and 89 .\nThe authority holder may pay the amount required by the agreed delivery arrangement for a stage of the prescribed activity only if the authority allows the prescribed activity to be carried out in stages.\ns 24 amd 2014 No. 59 s 13H\n(sec.24-ssec.1) This section applies if, under an agreed delivery arrangement, an authority holder is to deliver an offset condition in whole or in part by a financial settlement offset.\n(sec.24-ssec.2) It is a condition of the authority that, before the authority holder starts any part of the prescribed activity to which the offset condition relates, the holder must pay the amount required by, and in the way stated in, the agreed delivery arrangement— if the offset condition relates to a matter of local environmental significance that is prescribed as a prescribed environmental matter—to the local government that is the administering agency; or if the offset condition relates to a matter of State environmental significance that is prescribed as a prescribed environmental matter and further prescribed as relevant for this section—to the local government that is the administering agency; or otherwise—to the department. See also sections 85 and 89 .\n(sec.24-ssec.3) The authority holder may pay the amount required by the agreed delivery arrangement for a stage of the prescribed activity only if the authority allows the prescribed activity to be carried out in stages.\n- (a) if the offset condition relates to a matter of local environmental significance that is prescribed as a prescribed environmental matter—to the local government that is the administering agency; or\n- (b) if the offset condition relates to a matter of State environmental significance that is prescribed as a prescribed environmental matter and further prescribed as relevant for this section—to the local government that is the administering agency; or\n- (c) otherwise—to the department.","sortOrder":40},{"sectionNumber":"pt.6-div.6","sectionType":"division","heading":"Further condition about legally secured offset areas","content":"## Further condition about legally secured offset areas","sortOrder":41},{"sectionNumber":"sec.25","sectionType":"section","heading":"Impacts on legally secured offset area","content":"### sec.25 Impacts on legally secured offset area\n\nThis section applies to an authority granted under another Act for a prescribed activity to be undertaken in a legally secured offset area.\nIt is a condition of the authority that the authority holder must not carry out any prescribed activity in the legally secured offset area if—\na delivery or management plan or agreement (however described in this Act or another Act) applies to all or part of the offset area; and\ncarrying out the prescribed activity will delay, hamper or stop the delivery of the conservation outcome for a prescribed environmental matter as stated in the delivery or management plan or agreement.\n(sec.25-ssec.1) This section applies to an authority granted under another Act for a prescribed activity to be undertaken in a legally secured offset area.\n(sec.25-ssec.2) It is a condition of the authority that the authority holder must not carry out any prescribed activity in the legally secured offset area if— a delivery or management plan or agreement (however described in this Act or another Act) applies to all or part of the offset area; and carrying out the prescribed activity will delay, hamper or stop the delivery of the conservation outcome for a prescribed environmental matter as stated in the delivery or management plan or agreement.\n- (a) a delivery or management plan or agreement (however described in this Act or another Act) applies to all or part of the offset area; and\n- (b) carrying out the prescribed activity will delay, hamper or stop the delivery of the conservation outcome for a prescribed environmental matter as stated in the delivery or management plan or agreement.","sortOrder":42},{"sectionNumber":"pt.6-div.7","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":43},{"sectionNumber":"sec.25AA","sectionType":"section","heading":"Planning chief executive may nominate person to perform functions","content":"### sec.25AA Planning chief executive may nominate person to perform functions\n\nThis section applies if, in relation to an application for a development approval under the Planning Act —\nthe planning chief executive is the assessment manager or a referral agency for the application; and\nthe planning chief executive has not nominated a person as an enforcement authority for the assessable development the subject of the application under that Act.\nThe planning chief executive may, by written notice given to a person, nominate the person to perform the planning chief executive’s functions as an administering agency under this part for the development approval.\ns 25AA ins 2019 No. 8 s 42\n(sec.25AA-ssec.1) This section applies if, in relation to an application for a development approval under the Planning Act — the planning chief executive is the assessment manager or a referral agency for the application; and the planning chief executive has not nominated a person as an enforcement authority for the assessable development the subject of the application under that Act.\n(sec.25AA-ssec.2) The planning chief executive may, by written notice given to a person, nominate the person to perform the planning chief executive’s functions as an administering agency under this part for the development approval.\n- (a) the planning chief executive is the assessment manager or a referral agency for the application; and\n- (b) the planning chief executive has not nominated a person as an enforcement authority for the assessable development the subject of the application under that Act.","sortOrder":44},{"sectionNumber":"pt.6A","sectionType":"part","heading":"When offset conditions stop applying","content":"# When offset conditions stop applying","sortOrder":45},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Removing duplicate conditions","content":"### sec.25A Removing duplicate conditions\n\nThis section applies if, after an offset condition is imposed, any of the following offset conditions is imposed—\na Commonwealth condition for an area that is not a protected area;\na State condition;\na local government condition.\nThe authority holder may, at any time and free of charge, apply for an amendment of the authority to remove one of the conditions on the basis that the conditions are duplicate conditions.\nThe authority holder must apply, in the approved form, to—\nif one of the offset conditions is a Commonwealth condition mentioned in subsection (1) (a) —the administering agency that imposed the offset condition that is not a Commonwealth condition, to remove the offset condition imposed by that agency; or\notherwise—\nthe administering agency prescribed by regulation, to remove the condition imposed by that agency; or\nif an administering agency is not prescribed by regulation—either administering agency that imposed an offset condition, to remove the offset condition imposed by that agency.\nThe administering agency must decide the application within 10 business days after receiving the application.\nThe administering agency may decide to amend the authority if satisfied that the conditions are duplicate conditions.\nIf the administering agency decides to amend the authority by removing the condition, the agency may also make any other amendments that the agency considers—\nrelate to the removal of the condition; and\nare necessary or desirable.\nIf the administering agency decides to amend the authority, the agency must, within 10 days after making the decision—\ngive the amended authority to the authority holder; and\ninclude a copy of the amended authority in the register kept under section 90 .\nIf the administering agency decides not to amend the authority, the administering agency must give the authority holder a notice that states—\nthe decision and the reasons for the decision; and\nthat the holder may apply for a review of the decision; and\nhow and when the holder may apply for a review of the decision.\nA regulation may provide for a review of the decision.\nAny provisions in the Act under which the offset condition was imposed about amending conditions of an authority, other than a provision mentioned in section 5 , do not apply to an offset condition that is amended under this section.\nIn this section—\nduplicate conditions are offset conditions that relate to—\nthe same, or substantially the same, impact; and\nthe same, or substantially the same, prescribed environmental matter.\ns 25A ins 2014 No. 59 s 14\n(sec.25A-ssec.1) This section applies if, after an offset condition is imposed, any of the following offset conditions is imposed— a Commonwealth condition for an area that is not a protected area; a State condition; a local government condition.\n(sec.25A-ssec.2) The authority holder may, at any time and free of charge, apply for an amendment of the authority to remove one of the conditions on the basis that the conditions are duplicate conditions.\n(sec.25A-ssec.3) The authority holder must apply, in the approved form, to— if one of the offset conditions is a Commonwealth condition mentioned in subsection (1) (a) —the administering agency that imposed the offset condition that is not a Commonwealth condition, to remove the offset condition imposed by that agency; or otherwise— the administering agency prescribed by regulation, to remove the condition imposed by that agency; or if an administering agency is not prescribed by regulation—either administering agency that imposed an offset condition, to remove the offset condition imposed by that agency.\n(sec.25A-ssec.4) The administering agency must decide the application within 10 business days after receiving the application.\n(sec.25A-ssec.5) The administering agency may decide to amend the authority if satisfied that the conditions are duplicate conditions.\n(sec.25A-ssec.6) If the administering agency decides to amend the authority by removing the condition, the agency may also make any other amendments that the agency considers— relate to the removal of the condition; and are necessary or desirable.\n(sec.25A-ssec.7) If the administering agency decides to amend the authority, the agency must, within 10 days after making the decision— give the amended authority to the authority holder; and include a copy of the amended authority in the register kept under section 90 .\n(sec.25A-ssec.8) If the administering agency decides not to amend the authority, the administering agency must give the authority holder a notice that states— the decision and the reasons for the decision; and that the holder may apply for a review of the decision; and how and when the holder may apply for a review of the decision.\n(sec.25A-ssec.9) A regulation may provide for a review of the decision.\n(sec.25A-ssec.10) Any provisions in the Act under which the offset condition was imposed about amending conditions of an authority, other than a provision mentioned in section 5 , do not apply to an offset condition that is amended under this section.\n(sec.25A-ssec.11) In this section— duplicate conditions are offset conditions that relate to— the same, or substantially the same, impact; and the same, or substantially the same, prescribed environmental matter.\n- (a) a Commonwealth condition for an area that is not a protected area;\n- (b) a State condition;\n- (c) a local government condition.\n- (a) if one of the offset conditions is a Commonwealth condition mentioned in subsection (1) (a) —the administering agency that imposed the offset condition that is not a Commonwealth condition, to remove the offset condition imposed by that agency; or\n- (b) otherwise— (i) the administering agency prescribed by regulation, to remove the condition imposed by that agency; or (ii) if an administering agency is not prescribed by regulation—either administering agency that imposed an offset condition, to remove the offset condition imposed by that agency.\n- (i) the administering agency prescribed by regulation, to remove the condition imposed by that agency; or\n- (ii) if an administering agency is not prescribed by regulation—either administering agency that imposed an offset condition, to remove the offset condition imposed by that agency.\n- (i) the administering agency prescribed by regulation, to remove the condition imposed by that agency; or\n- (ii) if an administering agency is not prescribed by regulation—either administering agency that imposed an offset condition, to remove the offset condition imposed by that agency.\n- (a) relate to the removal of the condition; and\n- (b) are necessary or desirable.\n- (a) give the amended authority to the authority holder; and\n- (b) include a copy of the amended authority in the register kept under section 90 .\n- (a) the decision and the reasons for the decision; and\n- (b) that the holder may apply for a review of the decision; and\n- (c) how and when the holder may apply for a review of the decision.\n- (a) the same, or substantially the same, impact; and\n- (b) the same, or substantially the same, prescribed environmental matter.","sortOrder":46},{"sectionNumber":"pt.7","sectionType":"part","heading":"Environmental offset agreements","content":"# Environmental offset agreements","sortOrder":47},{"sectionNumber":"sec.26","sectionType":"section","heading":"Environmental offset agreement","content":"### sec.26 Environmental offset agreement\n\nThis section applies to the following administering agencies (each a relevant agency )—\nif an environmental offset is to be delivered in a way that includes the payment of an amount from a local government’s trust fund—the local government;\notherwise—the chief executive.\nA relevant agency may enter into an agreement (an environmental offset agreement ) with any entity in relation to the delivery of the offset.\nUnder the Acts Interpretation Act 1954 , entity, person and corporation are defined. The result is the State and each local government is an entity.\nAn environmental offset agreement must contain each of the following—\nthe period of the agreement;\ncontact details for signatories to the agreement;\nif the agreement is to achieve a conservation outcome—the terms for achieving the outcome and a statement identifying those terms;\nany other matter required to be included in the agreement under a regulation for this section.\nA regulation may make provisions about environmental offset agreements, including, for example, any of the following—\nprocedures for entering into an agreement;\na prohibition or restriction on the use of an area the subject of an agreement;\nthe entitlement of an entity to payments under an agreement;\nmatters that may be considered by an administering agency in deciding if an entity is able to satisfy obligations under an agreement.\n(sec.26-ssec.1) This section applies to the following administering agencies (each a relevant agency )— if an environmental offset is to be delivered in a way that includes the payment of an amount from a local government’s trust fund—the local government; otherwise—the chief executive.\n(sec.26-ssec.2) A relevant agency may enter into an agreement (an environmental offset agreement ) with any entity in relation to the delivery of the offset. Under the Acts Interpretation Act 1954 , entity, person and corporation are defined. The result is the State and each local government is an entity.\n(sec.26-ssec.3) An environmental offset agreement must contain each of the following— the period of the agreement; contact details for signatories to the agreement; if the agreement is to achieve a conservation outcome—the terms for achieving the outcome and a statement identifying those terms; any other matter required to be included in the agreement under a regulation for this section.\n(sec.26-ssec.4) A regulation may make provisions about environmental offset agreements, including, for example, any of the following— procedures for entering into an agreement; a prohibition or restriction on the use of an area the subject of an agreement; the entitlement of an entity to payments under an agreement; matters that may be considered by an administering agency in deciding if an entity is able to satisfy obligations under an agreement.\n- (a) if an environmental offset is to be delivered in a way that includes the payment of an amount from a local government’s trust fund—the local government;\n- (b) otherwise—the chief executive.\n- (a) the period of the agreement;\n- (b) contact details for signatories to the agreement;\n- (c) if the agreement is to achieve a conservation outcome—the terms for achieving the outcome and a statement identifying those terms;\n- (d) any other matter required to be included in the agreement under a regulation for this section.\n- (a) procedures for entering into an agreement;\n- (b) a prohibition or restriction on the use of an area the subject of an agreement;\n- (c) the entitlement of an entity to payments under an agreement;\n- (d) matters that may be considered by an administering agency in deciding if an entity is able to satisfy obligations under an agreement.","sortOrder":48},{"sectionNumber":"sec.27","sectionType":"section","heading":"Duration of environmental offset agreement","content":"### sec.27 Duration of environmental offset agreement\n\nAn environmental offset agreement has effect until the period of the agreement ends unless it is terminated earlier in accordance with the terms of the agreement.","sortOrder":49},{"sectionNumber":"sec.28","sectionType":"section","heading":"Variation etc. of environmental offset agreement","content":"### sec.28 Variation etc. of environmental offset agreement\n\nThis section applies if a relevant agency has entered into an environmental offset agreement (an earlier agreement ) under section 26 .\nThe relevant agency, and an entity bound by the earlier agreement, may enter into another environmental offset agreement (the later agreement ) that varies, or terminates and replaces, the earlier agreement.\n(sec.28-ssec.1) This section applies if a relevant agency has entered into an environmental offset agreement (an earlier agreement ) under section 26 .\n(sec.28-ssec.2) The relevant agency, and an entity bound by the earlier agreement, may enter into another environmental offset agreement (the later agreement ) that varies, or terminates and replaces, the earlier agreement.","sortOrder":50},{"sectionNumber":"pt.8","sectionType":"part","heading":"Legally secured offset areas","content":"# Legally secured offset areas","sortOrder":51},{"sectionNumber":"sec.29","sectionType":"section","heading":"What is a legally secured offset area","content":"### sec.29 What is a legally secured offset area\n\nAn area of land is a legally secured offset area if—\nthe area is—\nan environmental offset protection area; or\nan area declared as an area of high nature conservation value under the Vegetation Management Act 1999 , section 19F ; or\nanother area prescribed under a regulation; and\nunder this Act or another Act, the area is subject to a delivery or management plan or agreement (however described in this Act or the other Act) to achieve a conservation outcome for a prescribed environmental matter.\nAlso, an area is a legally secured offset area if, after an offset condition is imposed on an authority—\nthe area is dedicated, or declared by regulation, as mentioned in the Nature Conservation Act 1992 , section 29 (1) , 43D or 46 ; and\nthe area is subject to a delivery or management plan or agreement (however described in the Nature Conservation Act 1992 ) to achieve a conservation outcome for a prescribed environmental matter.\nAlso, an area is a legally secured offset area if—\nbefore the commencement of this Act, a condition imposed on an authority under another Act (including a condition imposed under the State Development Act ) required the establishment of the area; and\nthe area is of a type prescribed under a regulation as legally secured for the purposes of the other Act.\ns 29 amd 2019 No. 8 s 43\n(sec.29-ssec.1) An area of land is a legally secured offset area if— the area is— an environmental offset protection area; or an area declared as an area of high nature conservation value under the Vegetation Management Act 1999 , section 19F ; or another area prescribed under a regulation; and under this Act or another Act, the area is subject to a delivery or management plan or agreement (however described in this Act or the other Act) to achieve a conservation outcome for a prescribed environmental matter.\n(sec.29-ssec.2) Also, an area is a legally secured offset area if, after an offset condition is imposed on an authority— the area is dedicated, or declared by regulation, as mentioned in the Nature Conservation Act 1992 , section 29 (1) , 43D or 46 ; and the area is subject to a delivery or management plan or agreement (however described in the Nature Conservation Act 1992 ) to achieve a conservation outcome for a prescribed environmental matter.\n(sec.29-ssec.3) Also, an area is a legally secured offset area if— before the commencement of this Act, a condition imposed on an authority under another Act (including a condition imposed under the State Development Act ) required the establishment of the area; and the area is of a type prescribed under a regulation as legally secured for the purposes of the other Act.\n- (a) the area is— (i) an environmental offset protection area; or (ii) an area declared as an area of high nature conservation value under the Vegetation Management Act 1999 , section 19F ; or (iii) another area prescribed under a regulation; and\n- (i) an environmental offset protection area; or\n- (ii) an area declared as an area of high nature conservation value under the Vegetation Management Act 1999 , section 19F ; or\n- (iii) another area prescribed under a regulation; and\n- (b) under this Act or another Act, the area is subject to a delivery or management plan or agreement (however described in this Act or the other Act) to achieve a conservation outcome for a prescribed environmental matter.\n- (i) an environmental offset protection area; or\n- (ii) an area declared as an area of high nature conservation value under the Vegetation Management Act 1999 , section 19F ; or\n- (iii) another area prescribed under a regulation; and\n- (a) the area is dedicated, or declared by regulation, as mentioned in the Nature Conservation Act 1992 , section 29 (1) , 43D or 46 ; and\n- (b) the area is subject to a delivery or management plan or agreement (however described in the Nature Conservation Act 1992 ) to achieve a conservation outcome for a prescribed environmental matter.\n- (a) before the commencement of this Act, a condition imposed on an authority under another Act (including a condition imposed under the State Development Act ) required the establishment of the area; and\n- (b) the area is of a type prescribed under a regulation as legally secured for the purposes of the other Act.","sortOrder":52},{"sectionNumber":"sec.30","sectionType":"section","heading":"Declaration of environmental offset protection area","content":"### sec.30 Declaration of environmental offset protection area\n\nAn owner of land may apply, in the approved form, to the chief executive for a declaration the land stated in the application is an environmental offset protection area.\nThe application must be accompanied by—\nan environmental offset agreement and offset delivery plan, which are designed to achieve a conservation outcome; and\nthe signed consent to the declaration of each person with an interest in the land stated in the application.\nThe chief executive may, by written notice given to the owner—\ndeclare the land stated in the application to be an environmental offset protection area; or\ndeclare a part of the land stated in the application to be an environmental offset protection area; or\nrefuse the application.\nAn owner given a notice mentioned in subsection (3) (b) or (c) may apply in the way provided under the QCAT Act for a review of the declaration of only part of the land stated in the application or the refusal of the application.\nA declaration of an environmental offset protection area may be the subject of a single declaration, even if the area—\ncontains separate parcels of land; or\ncomprises parcels that are not adjacent; or\ncomprises parcels owned by different persons.\nBefore making a declaration under subsection (3) (a) or (b) , the chief executive may consult, in the way the chief executive considers appropriate, with an entity the chief executive reasonably believes is, or may be, likely to be affected by the declaration.\nHowever, the chief executive must not make a declaration for an area under subsection (3) unless the chief executive reasonably believes—\nthe area may be used to deliver an environmental offset in accordance with an environmental offset agreement and any relevant offset delivery plan; and\nthe combined environmental offset agreement and offset delivery plan for the area is designed to achieve a conservation outcome; and\neach other person with an interest in the land within the area has consented to the declaration.\nIn this section—\ngeothermal tenure see the Geothermal Energy Act 2010 , schedule 2 .\nGHG authority see the Greenhouse Gas Storage Act 2009 , schedule 2 .\nmining interest means—\na mining claim, mineral development licence or mining lease granted under the Mineral Resources Act 1989 ; or\na petroleum lease granted under the Petroleum Act 1923 or Petroleum and Gas (Production and Safety) Act 2004 .\nperson with an interest in land , in an area, means—\na person with a registered interest, under the Land Act 1994 or the Land Title Act 1994 , in land in the area; or\nif the land in the area is subject to a lease, mining interest, geothermal tenure or GHG authority—the lessee, interest holder, tenure holder or authority holder; or\nif the land in the area is a forest entitlement area, State forest or timber reserve under the Forestry Act 1959 or land prescribed under a regulation for this paragraph—the chief executive of the department in which the Forestry Act 1959 is administered.\n(sec.30-ssec.1) An owner of land may apply, in the approved form, to the chief executive for a declaration the land stated in the application is an environmental offset protection area.\n(sec.30-ssec.2) The application must be accompanied by— an environmental offset agreement and offset delivery plan, which are designed to achieve a conservation outcome; and the signed consent to the declaration of each person with an interest in the land stated in the application.\n(sec.30-ssec.3) The chief executive may, by written notice given to the owner— declare the land stated in the application to be an environmental offset protection area; or declare a part of the land stated in the application to be an environmental offset protection area; or refuse the application.\n(sec.30-ssec.4) An owner given a notice mentioned in subsection (3) (b) or (c) may apply in the way provided under the QCAT Act for a review of the declaration of only part of the land stated in the application or the refusal of the application.\n(sec.30-ssec.5) A declaration of an environmental offset protection area may be the subject of a single declaration, even if the area— contains separate parcels of land; or comprises parcels that are not adjacent; or comprises parcels owned by different persons.\n(sec.30-ssec.6) Before making a declaration under subsection (3) (a) or (b) , the chief executive may consult, in the way the chief executive considers appropriate, with an entity the chief executive reasonably believes is, or may be, likely to be affected by the declaration.\n(sec.30-ssec.7) However, the chief executive must not make a declaration for an area under subsection (3) unless the chief executive reasonably believes— the area may be used to deliver an environmental offset in accordance with an environmental offset agreement and any relevant offset delivery plan; and the combined environmental offset agreement and offset delivery plan for the area is designed to achieve a conservation outcome; and each other person with an interest in the land within the area has consented to the declaration.\n(sec.30-ssec.8) In this section— geothermal tenure see the Geothermal Energy Act 2010 , schedule 2 . GHG authority see the Greenhouse Gas Storage Act 2009 , schedule 2 . mining interest means— a mining claim, mineral development licence or mining lease granted under the Mineral Resources Act 1989 ; or a petroleum lease granted under the Petroleum Act 1923 or Petroleum and Gas (Production and Safety) Act 2004 . person with an interest in land , in an area, means— a person with a registered interest, under the Land Act 1994 or the Land Title Act 1994 , in land in the area; or if the land in the area is subject to a lease, mining interest, geothermal tenure or GHG authority—the lessee, interest holder, tenure holder or authority holder; or if the land in the area is a forest entitlement area, State forest or timber reserve under the Forestry Act 1959 or land prescribed under a regulation for this paragraph—the chief executive of the department in which the Forestry Act 1959 is administered.\n- (a) an environmental offset agreement and offset delivery plan, which are designed to achieve a conservation outcome; and\n- (b) the signed consent to the declaration of each person with an interest in the land stated in the application.\n- (a) declare the land stated in the application to be an environmental offset protection area; or\n- (b) declare a part of the land stated in the application to be an environmental offset protection area; or\n- (c) refuse the application.\n- (a) contains separate parcels of land; or\n- (b) comprises parcels that are not adjacent; or\n- (c) comprises parcels owned by different persons.\n- (a) the area may be used to deliver an environmental offset in accordance with an environmental offset agreement and any relevant offset delivery plan; and\n- (b) the combined environmental offset agreement and offset delivery plan for the area is designed to achieve a conservation outcome; and\n- (c) each other person with an interest in the land within the area has consented to the declaration.\n- (a) a mining claim, mineral development licence or mining lease granted under the Mineral Resources Act 1989 ; or\n- (b) a petroleum lease granted under the Petroleum Act 1923 or Petroleum and Gas (Production and Safety) Act 2004 .\n- (a) a person with a registered interest, under the Land Act 1994 or the Land Title Act 1994 , in land in the area; or\n- (b) if the land in the area is subject to a lease, mining interest, geothermal tenure or GHG authority—the lessee, interest holder, tenure holder or authority holder; or\n- (c) if the land in the area is a forest entitlement area, State forest or timber reserve under the Forestry Act 1959 or land prescribed under a regulation for this paragraph—the chief executive of the department in which the Forestry Act 1959 is administered.","sortOrder":53},{"sectionNumber":"sec.31","sectionType":"section","heading":"Recording of declared areas etc.","content":"### sec.31 Recording of declared areas etc.\n\nAfter the declaration of an environmental offset protection area, the chief executive must—\nrecord the declaration in the register mentioned in section 90 ; and\ngive notice to the land registrar that the declaration has been made.\nThe notice under subsection (1) (b) must—\ninclude particulars of the land within the area the subject of the declaration; and\nstate that an environmental offset agreement and, if relevant, an offset delivery plan, exist in relation to the land.\nIf the land registrar is given a notice under subsection (1) (b) about land within the area the subject of the declaration, the land registrar must keep a record in a way that a search of a register kept by the land registrar will show—\nthe declaration has been made in relation to the land; and\nan environmental offset agreement and, if relevant, an offset delivery plan exist in relation to the land.\nNo fee is payable in relation to the notice or the recording.\nSubsection (3) does not apply in relation to land within the area the subject of the declaration if a record may not be included in a register under the Land Act 1994 or the Land Title Act 1994 .\n(sec.31-ssec.1) After the declaration of an environmental offset protection area, the chief executive must— record the declaration in the register mentioned in section 90 ; and give notice to the land registrar that the declaration has been made.\n(sec.31-ssec.2) The notice under subsection (1) (b) must— include particulars of the land within the area the subject of the declaration; and state that an environmental offset agreement and, if relevant, an offset delivery plan, exist in relation to the land.\n(sec.31-ssec.3) If the land registrar is given a notice under subsection (1) (b) about land within the area the subject of the declaration, the land registrar must keep a record in a way that a search of a register kept by the land registrar will show— the declaration has been made in relation to the land; and an environmental offset agreement and, if relevant, an offset delivery plan exist in relation to the land.\n(sec.31-ssec.4) No fee is payable in relation to the notice or the recording.\n(sec.31-ssec.5) Subsection (3) does not apply in relation to land within the area the subject of the declaration if a record may not be included in a register under the Land Act 1994 or the Land Title Act 1994 .\n- (a) record the declaration in the register mentioned in section 90 ; and\n- (b) give notice to the land registrar that the declaration has been made.\n- (a) include particulars of the land within the area the subject of the declaration; and\n- (b) state that an environmental offset agreement and, if relevant, an offset delivery plan, exist in relation to the land.\n- (a) the declaration has been made in relation to the land; and\n- (b) an environmental offset agreement and, if relevant, an offset delivery plan exist in relation to the land.","sortOrder":54},{"sectionNumber":"sec.32","sectionType":"section","heading":"Environmental offset agreement binding","content":"### sec.32 Environmental offset agreement binding\n\nWhile the declaration of an environmental offset protection area has effect, the environmental offset agreement in relation to the area, including as varied from time to time under section 28 , is binding on—\neach person who is, from time to time, the owner of land within the area, even if the person did not sign the agreement; and\neach other person who has a registered interest in land within the area.\n- (a) each person who is, from time to time, the owner of land within the area, even if the person did not sign the agreement; and\n- (b) each other person who has a registered interest in land within the area.","sortOrder":55},{"sectionNumber":"sec.33","sectionType":"section","heading":"Amending or revoking declaration","content":"### sec.33 Amending or revoking declaration\n\nA regulation may provide for the chief executive to do the following in relation to the declaration of an environmental offset protection area made under section 30 —\namend the declaration;\nrevoke and remake the declaration;\nrevoke the declaration.\n- (a) amend the declaration;\n- (b) revoke and remake the declaration;\n- (c) revoke the declaration.","sortOrder":56},{"sectionNumber":"sec.34","sectionType":"section","heading":"Updating or removing registry record","content":"### sec.34 Updating or removing registry record\n\nThis section applies if there is a registry record kept by the land registrar about a declaration of an environmental offset protection area (a registry record ).\nThe chief executive may ask the land registrar to remove the registry record if—\nthere was an error in the notice given to the registrar; or\nthe declaration has been amended; or\nthe declaration has been revoked and replaced.\nThe land registrar must remove the registry record if asked to do so by the chief executive.\nAfter the removal, the chief executive may give the land registrar a notice containing information about—\na declaration of an environmental offset protection area that was previously made; or\na new declaration of an environmental offset protection area.\nThe notice must comply with section 31 (2) .\nIf the land registrar is given a notice under subsection (4) , the land registrar must keep a registry record in a way that a search of a register kept by the land registrar will show the information given under subsection (4) .\nNo fee is payable in relation to a removal or recording of a registry record under this section.\n(sec.34-ssec.1) This section applies if there is a registry record kept by the land registrar about a declaration of an environmental offset protection area (a registry record ).\n(sec.34-ssec.2) The chief executive may ask the land registrar to remove the registry record if— there was an error in the notice given to the registrar; or the declaration has been amended; or the declaration has been revoked and replaced.\n(sec.34-ssec.3) The land registrar must remove the registry record if asked to do so by the chief executive.\n(sec.34-ssec.4) After the removal, the chief executive may give the land registrar a notice containing information about— a declaration of an environmental offset protection area that was previously made; or a new declaration of an environmental offset protection area.\n(sec.34-ssec.5) The notice must comply with section 31 (2) .\n(sec.34-ssec.6) If the land registrar is given a notice under subsection (4) , the land registrar must keep a registry record in a way that a search of a register kept by the land registrar will show the information given under subsection (4) .\n(sec.34-ssec.7) No fee is payable in relation to a removal or recording of a registry record under this section.\n- (a) there was an error in the notice given to the registrar; or\n- (b) the declaration has been amended; or\n- (c) the declaration has been revoked and replaced.\n- (a) a declaration of an environmental offset protection area that was previously made; or\n- (b) a new declaration of an environmental offset protection area.","sortOrder":57},{"sectionNumber":"pt.9","sectionType":"part","heading":"Compliance notices","content":"# Compliance notices","sortOrder":58},{"sectionNumber":"sec.35","sectionType":"section","heading":"Local government or chief executive may give compliance notice","content":"### sec.35 Local government or chief executive may give compliance notice\n\nThis section applies if—\na local government entered into an environmental offset agreement and the local government reasonably believes a person bound by the agreement has contravened its terms; or\nthe chief executive entered into an environmental offset agreement and the chief executive reasonably believes a person bound by the agreement has contravened its terms.\nThe local government or chief executive (as the case may be) may give a notice (a compliance notice ) to the person requiring the person to do either or both of the following—\nstart complying with the agreement;\nremedy the contravention of the agreement in a way stated in the notice.\nThis section does not limit the power of an administering agency under another Act to give a notice (however described) to a person about a contravention of the other Act.\n(sec.35-ssec.1) This section applies if— a local government entered into an environmental offset agreement and the local government reasonably believes a person bound by the agreement has contravened its terms; or the chief executive entered into an environmental offset agreement and the chief executive reasonably believes a person bound by the agreement has contravened its terms.\n(sec.35-ssec.2) The local government or chief executive (as the case may be) may give a notice (a compliance notice ) to the person requiring the person to do either or both of the following— start complying with the agreement; remedy the contravention of the agreement in a way stated in the notice.\n(sec.35-ssec.3) This section does not limit the power of an administering agency under another Act to give a notice (however described) to a person about a contravention of the other Act.\n- (a) a local government entered into an environmental offset agreement and the local government reasonably believes a person bound by the agreement has contravened its terms; or\n- (b) the chief executive entered into an environmental offset agreement and the chief executive reasonably believes a person bound by the agreement has contravened its terms.\n- (a) start complying with the agreement;\n- (b) remedy the contravention of the agreement in a way stated in the notice.","sortOrder":59},{"sectionNumber":"sec.36","sectionType":"section","heading":"Requirements for compliance notice","content":"### sec.36 Requirements for compliance notice\n\nA compliance notice must—\nbe in writing; and\ndescribe the nature of the alleged contravention; and\nstate the action the person must take to stop or remedy the contravention; and\nstate a reasonable time within which the person must take the action; and\ninclude or be accompanied by an information notice for the decision to give the compliance notice.\nIf a compliance notice requires a person to take action involving the carrying out of work, it also must give details of the work involved.\nIf a compliance notice requires a person to refrain from doing an act, it also must state either—\na period for which the requirement applies; or\nthat the requirement applies until further notice.\nIf a compliance notice requires a person to do an act, it also must state a period within which the act is required to be done.\nIf a compliance notice requires a person to do more than 1 act, it may state different periods within which the acts are required to be done.\nIn this section—\ninformation notice means a notice complying with the QCAT Act , section 157 (2) .\n(sec.36-ssec.1) A compliance notice must— be in writing; and describe the nature of the alleged contravention; and state the action the person must take to stop or remedy the contravention; and state a reasonable time within which the person must take the action; and include or be accompanied by an information notice for the decision to give the compliance notice.\n(sec.36-ssec.2) If a compliance notice requires a person to take action involving the carrying out of work, it also must give details of the work involved.\n(sec.36-ssec.3) If a compliance notice requires a person to refrain from doing an act, it also must state either— a period for which the requirement applies; or that the requirement applies until further notice.\n(sec.36-ssec.4) If a compliance notice requires a person to do an act, it also must state a period within which the act is required to be done.\n(sec.36-ssec.5) If a compliance notice requires a person to do more than 1 act, it may state different periods within which the acts are required to be done.\n(sec.36-ssec.6) In this section— information notice means a notice complying with the QCAT Act , section 157 (2) .\n- (a) be in writing; and\n- (b) describe the nature of the alleged contravention; and\n- (c) state the action the person must take to stop or remedy the contravention; and\n- (d) state a reasonable time within which the person must take the action; and\n- (e) include or be accompanied by an information notice for the decision to give the compliance notice.\n- (a) a period for which the requirement applies; or\n- (b) that the requirement applies until further notice.","sortOrder":60},{"sectionNumber":"sec.37","sectionType":"section","heading":"Offence relating to compliance notice","content":"### sec.37 Offence relating to compliance notice\n\nA person given a compliance notice must comply with it.\nMaximum penalty—\nif the contravention is of a term for achieving a conservation outcome—1665 penalty units; or\notherwise—300 penalty units.\nUnder section 26 , if an environmental offset agreement is to achieve a conservation outcome, the agreement must include a statement identifying the terms relating to achieving that conservation outcome.\n- (a) if the contravention is of a term for achieving a conservation outcome—1665 penalty units; or\n- (b) otherwise—300 penalty units.","sortOrder":61},{"sectionNumber":"sec.38","sectionType":"section","heading":"Review of decision to give compliance notice","content":"### sec.38 Review of decision to give compliance notice\n\nA person given a compliance notice may apply, in the way provided under the QCAT Act , for a review of the decision to give the notice.","sortOrder":62},{"sectionNumber":"sec.39","sectionType":"section","heading":"Taking action","content":"### sec.39 Taking action\n\nIf a local government or the chief executive gives a person a compliance notice and the person contravenes it by not doing something, the local government or chief executive (the entity ) may do the thing.\nAny reasonable costs or expenses incurred by the entity in doing anything under subsection (1) may be recovered by it as a debt owing to it by the person given the compliance notice.\n(sec.39-ssec.1) If a local government or the chief executive gives a person a compliance notice and the person contravenes it by not doing something, the local government or chief executive (the entity ) may do the thing.\n(sec.39-ssec.2) Any reasonable costs or expenses incurred by the entity in doing anything under subsection (1) may be recovered by it as a debt owing to it by the person given the compliance notice.","sortOrder":63},{"sectionNumber":"pt.10","sectionType":"part","heading":"Investigation and enforcement","content":"# Investigation and enforcement","sortOrder":64},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":65},{"sectionNumber":"sec.40","sectionType":"section","heading":"Definitions for pt 10","content":"### sec.40 Definitions for pt 10\n\nIn this part—\nappointing authority , of an enforcement officer, means—\nif the enforcement officer was appointed by the chief executive—the chief executive; or\nif the enforcement officer was appointed by the chief executive officer of a local government—the local government.\nrelevant offence means an offence against section 37 or this part.\n- (a) if the enforcement officer was appointed by the chief executive—the chief executive; or\n- (b) if the enforcement officer was appointed by the chief executive officer of a local government—the local government.","sortOrder":66},{"sectionNumber":"sec.41","sectionType":"section","heading":"Enforcement officers under pt 10","content":"### sec.41 Enforcement officers under pt 10\n\nThis part includes provision for the appointment of enforcement officers, and gives them particular powers.","sortOrder":67},{"sectionNumber":"sec.42","sectionType":"section","heading":"Functions of enforcement officers","content":"### sec.42 Functions of enforcement officers\n\nAn enforcement officer has the following functions—\nto investigate, monitor and enforce compliance with environmental offset agreements and compliance notices;\nto investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;\nto facilitate the exercise of powers under this Act.\n- (a) to investigate, monitor and enforce compliance with environmental offset agreements and compliance notices;\n- (b) to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;\n- (c) to facilitate the exercise of powers under this Act.","sortOrder":68},{"sectionNumber":"sec.43","sectionType":"section","heading":"References to exercise of powers","content":"### sec.43 References to exercise of powers\n\nThis section applies if—\na provision of this part refers to the exercise of a power by an enforcement officer; and\nthere is no reference to a specific power.\nThe reference is to the exercise of all or any enforcement officers’ powers under this part or a warrant, to the extent the powers are relevant.\n(sec.43-ssec.1) This section applies if— a provision of this part refers to the exercise of a power by an enforcement officer; and there is no reference to a specific power.\n(sec.43-ssec.2) The reference is to the exercise of all or any enforcement officers’ powers under this part or a warrant, to the extent the powers are relevant.\n- (a) a provision of this part refers to the exercise of a power by an enforcement officer; and\n- (b) there is no reference to a specific power.","sortOrder":69},{"sectionNumber":"sec.44","sectionType":"section","heading":"Reference to document includes reference to reproductions from electronic document","content":"### sec.44 Reference to document includes reference to reproductions from electronic document\n\nA reference in this part to a document includes a reference to an image or writing—\nproduced from an electronic document; or\nnot yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.\n- (a) produced from an electronic document; or\n- (b) not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.","sortOrder":70},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"General provisions about enforcement officers","content":"## General provisions about enforcement officers","sortOrder":71},{"sectionNumber":"sec.45","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.45 Appointment and qualifications\n\nThe chief executive may, by instrument in writing, appoint any of the following persons as an enforcement officer—\na public service employee;\nan APS employee under the Public Service Act 1999 (Cwlth) ;\na police officer;\nother persons prescribed by regulation.\nA proposed appointment of a police officer must have the approval of the commissioner of police under the Police Powers and Responsibilities Act 2000 , section 13 (Appointment of police officers as public officials for other Acts).\nAlso, the chief executive officer of a local government may, by instrument in writing, appoint an employee of the local government as an enforcement officer.\nHowever, the person may be appointed as an enforcement officer only if the person is appropriately qualified for appointment.\n(sec.45-ssec.1) The chief executive may, by instrument in writing, appoint any of the following persons as an enforcement officer— a public service employee; an APS employee under the Public Service Act 1999 (Cwlth) ; a police officer; other persons prescribed by regulation. A proposed appointment of a police officer must have the approval of the commissioner of police under the Police Powers and Responsibilities Act 2000 , section 13 (Appointment of police officers as public officials for other Acts).\n(sec.45-ssec.2) Also, the chief executive officer of a local government may, by instrument in writing, appoint an employee of the local government as an enforcement officer.\n(sec.45-ssec.3) However, the person may be appointed as an enforcement officer only if the person is appropriately qualified for appointment.\n- (a) a public service employee;\n- (b) an APS employee under the Public Service Act 1999 (Cwlth) ;\n- (c) a police officer;\n- (d) other persons prescribed by regulation.","sortOrder":72},{"sectionNumber":"sec.46","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.46 Appointment conditions and limit on powers\n\nAn enforcement officer holds office on any conditions stated in—\nthe officer’s instrument of appointment; or\na signed notice given to the officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the enforcement officer or a regulation may limit the officer’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by an enforcement officer’s appointing authority.\n(sec.46-ssec.1) An enforcement officer holds office on any conditions stated in— the officer’s instrument of appointment; or a signed notice given to the officer; or a regulation.\n(sec.46-ssec.2) The instrument of appointment, a signed notice given to the enforcement officer or a regulation may limit the officer’s powers under this Act.\n(sec.46-ssec.3) In this section— signed notice means a notice signed by an enforcement officer’s appointing authority.\n- (a) the officer’s instrument of appointment; or\n- (b) a signed notice given to the officer; or\n- (c) a regulation.","sortOrder":73},{"sectionNumber":"sec.47","sectionType":"section","heading":"When office ends","content":"### sec.47 When office ends\n\nThe office of a person as an enforcement officer ends if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the office ends;\nthe person’s resignation under section 48 takes effect.\nThis section does not limit the ways the office of a person as an enforcement officer ends.\nIn this section—\ncondition of office means a condition under which the enforcement officer holds office.\n(sec.47-ssec.1) The office of a person as an enforcement officer ends if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the office ends; the person’s resignation under section 48 takes effect.\n(sec.47-ssec.2) This section does not limit the ways the office of a person as an enforcement officer ends.\n(sec.47-ssec.3) In this section— condition of office means a condition under which the enforcement officer holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the office ends;\n- (c) the person’s resignation under section 48 takes effect.","sortOrder":74},{"sectionNumber":"sec.48","sectionType":"section","heading":"Resignation","content":"### sec.48 Resignation\n\nAn enforcement officer may resign by signed notice given to the officer’s appointing authority.","sortOrder":75},{"sectionNumber":"sec.49","sectionType":"section","heading":"Issue of identity card","content":"### sec.49 Issue of identity card\n\nAn appointing authority must issue an identity card to each person the authority appoints as an enforcement officer.\nThe identity card must—\ncontain a recent photo of the enforcement officer; and\ncontain a copy of the officer’s signature; and\nidentify the person as an enforcement officer under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.49-ssec.1) An appointing authority must issue an identity card to each person the authority appoints as an enforcement officer.\n(sec.49-ssec.2) The identity card must— contain a recent photo of the enforcement officer; and contain a copy of the officer’s signature; and identify the person as an enforcement officer under this Act; and state an expiry date for the card.\n(sec.49-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the enforcement officer; and\n- (b) contain a copy of the officer’s signature; and\n- (c) identify the person as an enforcement officer under this Act; and\n- (d) state an expiry date for the card.","sortOrder":76},{"sectionNumber":"sec.50","sectionType":"section","heading":"Production or display of identity card","content":"### sec.50 Production or display of identity card\n\nIn exercising a power in relation to a person in the person’s presence, an enforcement officer must—\nproduce the officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the enforcement officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an enforcement officer does not exercise a power in relation to a person only because the enforcement officer has entered a place as mentioned in section 52 (1) (b) or (d) .\n(sec.50-ssec.1) In exercising a power in relation to a person in the person’s presence, an enforcement officer must— produce the officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.50-ssec.2) However, if it is not practicable to comply with subsection (1) , the enforcement officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.50-ssec.3) For subsection (1) , an enforcement officer does not exercise a power in relation to a person only because the enforcement officer has entered a place as mentioned in section 52 (1) (b) or (d) .\n- (a) produce the officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":77},{"sectionNumber":"sec.51","sectionType":"section","heading":"Return of identity card","content":"### sec.51 Return of identity card\n\nIf the office of a person as an enforcement officer ends, the person must return the person’s identity card to the person’s appointing authority within 21 days after the office ends unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.","sortOrder":78},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Entry of places by enforcement officers","content":"## Entry of places by enforcement officers","sortOrder":79},{"sectionNumber":"sec.52","sectionType":"section","heading":"General power to enter places","content":"### sec.52 General power to enter places\n\nAn enforcement officer may enter a place if—\nan occupier of the place consents under subdivision 2 to the entry and section 55 has been complied with for the occupier; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised under a warrant and, if there is an occupier of the place, section 62 has been complied with for the occupier; or\nit is mentioned in an environmental offset agreement as the place of business of an entity that is a party to the agreement and is—\nopen for carrying on the business; or\notherwise open for entry.\nFor subsection (1) (d) , a place of business does not include a part of the place where a person resides.\nIf the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\nIf the power to enter is under a warrant, the power is subject to the terms of the warrant.\nThe consent may provide consent for re-entry and is subject to the conditions of consent.\nIf the power to re-enter is under a warrant, re-entry is subject to the terms of the warrant.\n(sec.52-ssec.1) An enforcement officer may enter a place if— an occupier of the place consents under subdivision 2 to the entry and section 55 has been complied with for the occupier; or it is a public place and the entry is made when it is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 62 has been complied with for the occupier; or it is mentioned in an environmental offset agreement as the place of business of an entity that is a party to the agreement and is— open for carrying on the business; or otherwise open for entry.\n(sec.52-ssec.2) For subsection (1) (d) , a place of business does not include a part of the place where a person resides.\n(sec.52-ssec.3) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\n(sec.52-ssec.4) If the power to enter is under a warrant, the power is subject to the terms of the warrant.\n(sec.52-ssec.5) The consent may provide consent for re-entry and is subject to the conditions of consent.\n(sec.52-ssec.6) If the power to re-enter is under a warrant, re-entry is subject to the terms of the warrant.\n- (a) an occupier of the place consents under subdivision 2 to the entry and section 55 has been complied with for the occupier; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised under a warrant and, if there is an occupier of the place, section 62 has been complied with for the occupier; or\n- (d) it is mentioned in an environmental offset agreement as the place of business of an entity that is a party to the agreement and is— (i) open for carrying on the business; or (ii) otherwise open for entry.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry.","sortOrder":80},{"sectionNumber":"sec.53","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.53 Application of sdiv 2\n\nThis subdivision applies if an enforcement officer intends to ask an occupier of a place to consent to the officer or another enforcement officer entering the place under section 52 (1) (a) .","sortOrder":81},{"sectionNumber":"sec.54","sectionType":"section","heading":"Incidental entry to ask for access","content":"### sec.54 Incidental entry to ask for access\n\nFor the purpose of asking the occupier for the consent, an enforcement officer may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the enforcement officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the enforcement officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.","sortOrder":82},{"sectionNumber":"sec.55","sectionType":"section","heading":"Matters enforcement officer must tell occupier","content":"### sec.55 Matters enforcement officer must tell occupier\n\nBefore asking for the consent, the enforcement officer must give a reasonable explanation to the occupier—\nabout the purpose of the entry, including the powers intended to be exercised; and\nthat the occupier is not required to consent; and\nthat the consent may be given subject to conditions and may be withdrawn at any time.\n- (a) about the purpose of the entry, including the powers intended to be exercised; and\n- (b) that the occupier is not required to consent; and\n- (c) that the consent may be given subject to conditions and may be withdrawn at any time.","sortOrder":83},{"sectionNumber":"sec.56","sectionType":"section","heading":"Consent acknowledgement","content":"### sec.56 Consent acknowledgement\n\nIf the consent is given, the enforcement officer may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state the following—\nthe purpose of the entry, including the powers to be exercised;\nthe following has been explained to the occupier—\nthe purpose of the entry, including the powers intended to be exercised;\nthat the occupier is not required to consent;\nthat the consent may be given subject to conditions and may be withdrawn at any time;\nthe occupier gives the enforcement officer or another enforcement officer consent to enter the place and exercise the powers;\nthe time and day the consent was given;\nany conditions of the consent.\nIf the occupier signs the acknowledgement, the enforcement officer must immediately give a copy to the occupier.\nSubsection (5) applies if—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgement complying with subsection (2) for the entry is not produced in evidence.\nThe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.56-ssec.1) If the consent is given, the enforcement officer may ask the occupier to sign an acknowledgement of the consent.\n(sec.56-ssec.2) The acknowledgement must state the following— the purpose of the entry, including the powers to be exercised; the following has been explained to the occupier— the purpose of the entry, including the powers intended to be exercised; that the occupier is not required to consent; that the consent may be given subject to conditions and may be withdrawn at any time; the occupier gives the enforcement officer or another enforcement officer consent to enter the place and exercise the powers; the time and day the consent was given; any conditions of the consent.\n(sec.56-ssec.3) If the occupier signs the acknowledgement, the enforcement officer must immediately give a copy to the occupier.\n(sec.56-ssec.4) Subsection (5) applies if— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (2) for the entry is not produced in evidence.\n(sec.56-ssec.5) The onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry, including the powers to be exercised;\n- (b) the following has been explained to the occupier— (i) the purpose of the entry, including the powers intended to be exercised; (ii) that the occupier is not required to consent; (iii) that the consent may be given subject to conditions and may be withdrawn at any time;\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time;\n- (c) the occupier gives the enforcement officer or another enforcement officer consent to enter the place and exercise the powers;\n- (d) the time and day the consent was given;\n- (e) any conditions of the consent.\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time;\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgement complying with subsection (2) for the entry is not produced in evidence.","sortOrder":84},{"sectionNumber":"sec.57","sectionType":"section","heading":"Application for warrant","content":"### sec.57 Application for warrant\n\nAn enforcement officer may apply to a magistrate for a warrant for a place.\nThe enforcement officer must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the enforcement officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the written application to be given by statutory declaration.\n(sec.57-ssec.1) An enforcement officer may apply to a magistrate for a warrant for a place.\n(sec.57-ssec.2) The enforcement officer must prepare a written application that states the grounds on which the warrant is sought.\n(sec.57-ssec.3) The written application must be sworn.\n(sec.57-ssec.4) The magistrate may refuse to consider the application until the enforcement officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the written application to be given by statutory declaration.","sortOrder":85},{"sectionNumber":"sec.58","sectionType":"section","heading":"Issue of warrant","content":"### sec.58 Issue of warrant\n\nThe magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that there is at or on the place, or will be at or on the place within the next 7 days, a particular thing or activity that may provide evidence of a relevant offence.\nThe warrant must state the following—\nthe place to which the warrant applies;\nthat a stated enforcement officer or any enforcement officer may with necessary and reasonable help and force—\nenter the place and any other place necessary for entry to the place; and\nexercise the enforcement officer’s powers;\nparticulars of the offence that the magistrate considers appropriate;\nthe name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name;\nthe evidence that may be seized under the warrant;\nthe hours of the day or night when the place may be entered;\nthe magistrate’s name;\nthe day and time of the warrant’s issue;\nthe day, within 14 days after the warrant’s issue, the warrant ends.\n(sec.58-ssec.1) The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that there is at or on the place, or will be at or on the place within the next 7 days, a particular thing or activity that may provide evidence of a relevant offence.\n(sec.58-ssec.2) The warrant must state the following— the place to which the warrant applies; that a stated enforcement officer or any enforcement officer may with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the enforcement officer’s powers; particulars of the offence that the magistrate considers appropriate; the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; the evidence that may be seized under the warrant; the hours of the day or night when the place may be entered; the magistrate’s name; the day and time of the warrant’s issue; the day, within 14 days after the warrant’s issue, the warrant ends.\n- (a) the place to which the warrant applies;\n- (b) that a stated enforcement officer or any enforcement officer may with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the enforcement officer’s powers;\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the enforcement officer’s powers;\n- (c) particulars of the offence that the magistrate considers appropriate;\n- (d) the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name;\n- (e) the evidence that may be seized under the warrant;\n- (f) the hours of the day or night when the place may be entered;\n- (g) the magistrate’s name;\n- (h) the day and time of the warrant’s issue;\n- (i) the day, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the enforcement officer’s powers;","sortOrder":86},{"sectionNumber":"sec.59","sectionType":"section","heading":"Electronic application","content":"### sec.59 Electronic application\n\nAn application under section 57 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the enforcement officer reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the enforcement officer’s remote location.\nThe application—\nmay not be made before the enforcement officer prepares the written application under section 57 (2) ; but\nmay be made before the written application is sworn.\n(sec.59-ssec.1) An application under section 57 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the enforcement officer reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the enforcement officer’s remote location.\n(sec.59-ssec.2) The application— may not be made before the enforcement officer prepares the written application under section 57 (2) ; but may be made before the written application is sworn.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the enforcement officer’s remote location.\n- (a) may not be made before the enforcement officer prepares the written application under section 57 (2) ; but\n- (b) may be made before the written application is sworn.","sortOrder":87},{"sectionNumber":"sec.60","sectionType":"section","heading":"Additional procedure if electronic application","content":"### sec.60 Additional procedure if electronic application\n\nFor an application made under section 59 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under section 59 ; and\nthe way the application was made under section 59 was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the enforcement officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the enforcement officer; or\notherwise—\nthe magistrate must tell the enforcement officer the information mentioned in section 58 (2) ; and\nthe enforcement officer must complete a form of warrant, including by writing on it the information mentioned in section 58 (2) provided by the magistrate.\nThe copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe enforcement officer must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 57 (2) and (3) ; and\nif the enforcement officer completed a form of warrant under subsection (2) (b) , the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (4) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant magistrates court.\nSubsection (7) applies if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence.\nDespite subsection (3) , the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does not limit section 57 .\nIn this section—\nrelevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n(sec.60-ssec.1) For an application made under section 59 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 59 ; and the way the application was made under section 59 was appropriate.\n(sec.60-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the enforcement officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the enforcement officer; or otherwise— the magistrate must tell the enforcement officer the information mentioned in section 58 (2) ; and the enforcement officer must complete a form of warrant, including by writing on it the information mentioned in section 58 (2) provided by the magistrate.\n(sec.60-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.60-ssec.4) The enforcement officer must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 57 (2) and (3) ; and if the enforcement officer completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n(sec.60-ssec.5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n(sec.60-ssec.6) Subsection (7) applies if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence.\n(sec.60-ssec.7) Despite subsection (3) , the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.60-ssec.8) This section does not limit section 57 .\n(sec.60-ssec.9) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) it was necessary to make the application under section 59 ; and\n- (b) the way the application was made under section 59 was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the enforcement officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the enforcement officer; or\n- (b) otherwise— (i) the magistrate must tell the enforcement officer the information mentioned in section 58 (2) ; and (ii) the enforcement officer must complete a form of warrant, including by writing on it the information mentioned in section 58 (2) provided by the magistrate.\n- (i) the magistrate must tell the enforcement officer the information mentioned in section 58 (2) ; and\n- (ii) the enforcement officer must complete a form of warrant, including by writing on it the information mentioned in section 58 (2) provided by the magistrate.\n- (i) the magistrate must tell the enforcement officer the information mentioned in section 58 (2) ; and\n- (ii) the enforcement officer must complete a form of warrant, including by writing on it the information mentioned in section 58 (2) provided by the magistrate.\n- (a) the written application complying with section 57 (2) and (3) ; and\n- (b) if the enforcement officer completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence.","sortOrder":88},{"sectionNumber":"sec.61","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.61 Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in the warrant or compliance with this subdivision unless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 60 (3) .\n(sec.61-ssec.1) A warrant is not invalidated by a defect in the warrant or compliance with this subdivision unless the defect affects the substance of the warrant in a material particular.\n(sec.61-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 60 (3) .","sortOrder":89},{"sectionNumber":"sec.62","sectionType":"section","heading":"Entry procedure","content":"### sec.62 Entry procedure\n\nThis section applies if an enforcement officer is intending to enter a place under a warrant issued under this subdivision.\nBefore entering the place, the enforcement officer must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person who is an occupier of the place and is present by producing the officer’s identity card or another document evidencing the officer’s appointment;\ngive the person a copy of the warrant;\ntell the person the enforcement officer is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the officer immediate entry to the place without using force.\nHowever, the enforcement officer need not comply with subsection (2) if the officer reasonably believes that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 60 (3) .\n(sec.62-ssec.1) This section applies if an enforcement officer is intending to enter a place under a warrant issued under this subdivision.\n(sec.62-ssec.2) Before entering the place, the enforcement officer must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is an occupier of the place and is present by producing the officer’s identity card or another document evidencing the officer’s appointment; give the person a copy of the warrant; tell the person the enforcement officer is permitted by the warrant to enter the place; give the person an opportunity to allow the officer immediate entry to the place without using force.\n(sec.62-ssec.3) However, the enforcement officer need not comply with subsection (2) if the officer reasonably believes that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.\n(sec.62-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 60 (3) .\n- (a) identify himself or herself to a person who is an occupier of the place and is present by producing the officer’s identity card or another document evidencing the officer’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the enforcement officer is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the officer immediate entry to the place without using force.","sortOrder":90},{"sectionNumber":"pt.10-div.4","sectionType":"division","heading":"Other powers and related matters","content":"## Other powers and related matters","sortOrder":91},{"sectionNumber":"sec.63","sectionType":"section","heading":"Application of sdiv 1","content":"### sec.63 Application of sdiv 1\n\nThe power under this subdivision may be exercised if an enforcement officer enters—\na place under section 52 (1) (a) , (c) or (d) ; or\na public place, or a part of a public place, under section 52 (1) (b) if, under an environmental offset agreement, an environmental offset is to be delivered in the public place or that part of the public place.\nHowever, if the enforcement officer enters under section 52 (1) (a) or (c) , the powers under this subdivision are subject to any conditions of the consent or terms of the warrant.\n(sec.63-ssec.1) The power under this subdivision may be exercised if an enforcement officer enters— a place under section 52 (1) (a) , (c) or (d) ; or a public place, or a part of a public place, under section 52 (1) (b) if, under an environmental offset agreement, an environmental offset is to be delivered in the public place or that part of the public place.\n(sec.63-ssec.2) However, if the enforcement officer enters under section 52 (1) (a) or (c) , the powers under this subdivision are subject to any conditions of the consent or terms of the warrant.\n- (a) a place under section 52 (1) (a) , (c) or (d) ; or\n- (b) a public place, or a part of a public place, under section 52 (1) (b) if, under an environmental offset agreement, an environmental offset is to be delivered in the public place or that part of the public place.","sortOrder":92},{"sectionNumber":"sec.64","sectionType":"section","heading":"General powers","content":"### sec.64 General powers\n\nThe enforcement officer may do any of the following (each a general power )—\nsearch any part of the place;\ninspect, examine or film any part of the place or anything at or on the place;\ntake for examination a thing, or a sample of or from a thing, at or on the place;\nplace an identifying mark in or on anything at or on the place;\ntake an extract from, or copy, a document at or on the place, or take the document to another place to copy;\nproduce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\ntake to, into or onto the place and use any person, equipment and materials the enforcement officer reasonably requires for exercising the enforcement officer’s powers under this subdivision;\nremain at or on the place for the time necessary to achieve the purpose of the entry.\nThe enforcement officer may take a necessary step to allow the exercise of a general power.\nIf the enforcement officer takes a document from the place to copy it, the officer must copy the document and return it to the place as soon as practicable.\nIf the enforcement officer takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the officer must produce the document and return the article or device to the place as soon as practicable.\nIn this section—\nexamine includes analyse, test, account, measure, weigh, grade, gauge and identify.\nfilm includes photograph, videotape and record an image in another way.\ninspect , a thing, includes open the thing and examine its contents.\n(sec.64-ssec.1) The enforcement officer may do any of the following (each a general power )— search any part of the place; inspect, examine or film any part of the place or anything at or on the place; take for examination a thing, or a sample of or from a thing, at or on the place; place an identifying mark in or on anything at or on the place; take an extract from, or copy, a document at or on the place, or take the document to another place to copy; produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing; take to, into or onto the place and use any person, equipment and materials the enforcement officer reasonably requires for exercising the enforcement officer’s powers under this subdivision; remain at or on the place for the time necessary to achieve the purpose of the entry.\n(sec.64-ssec.2) The enforcement officer may take a necessary step to allow the exercise of a general power.\n(sec.64-ssec.3) If the enforcement officer takes a document from the place to copy it, the officer must copy the document and return it to the place as soon as practicable.\n(sec.64-ssec.4) If the enforcement officer takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the officer must produce the document and return the article or device to the place as soon as practicable.\n(sec.64-ssec.5) In this section— examine includes analyse, test, account, measure, weigh, grade, gauge and identify. film includes photograph, videotape and record an image in another way. inspect , a thing, includes open the thing and examine its contents.\n- (a) search any part of the place;\n- (b) inspect, examine or film any part of the place or anything at or on the place;\n- (c) take for examination a thing, or a sample of or from a thing, at or on the place;\n- (d) place an identifying mark in or on anything at or on the place;\n- (e) take an extract from, or copy, a document at or on the place, or take the document to another place to copy;\n- (f) produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\n- (g) take to, into or onto the place and use any person, equipment and materials the enforcement officer reasonably requires for exercising the enforcement officer’s powers under this subdivision;\n- (h) remain at or on the place for the time necessary to achieve the purpose of the entry.","sortOrder":93},{"sectionNumber":"sec.65","sectionType":"section","heading":"Power to require reasonable help","content":"### sec.65 Power to require reasonable help\n\nThe enforcement officer may make a requirement (a help requirement ) of an occupier of the place or a person at or on the place to give the officer reasonable help to exercise a general power, including, for example, to produce a document or to give information.\nWhen making the help requirement, the enforcement officer must give the person an offence warning for the requirement.\n(sec.65-ssec.1) The enforcement officer may make a requirement (a help requirement ) of an occupier of the place or a person at or on the place to give the officer reasonable help to exercise a general power, including, for example, to produce a document or to give information.\n(sec.65-ssec.2) When making the help requirement, the enforcement officer must give the person an offence warning for the requirement.","sortOrder":94},{"sectionNumber":"sec.66","sectionType":"section","heading":"Offence to contravene help requirement","content":"### sec.66 Offence to contravene help requirement\n\nA person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\nHowever, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept by the defendant under an environmental offset agreement.\nSee, however, section 77 .\n(sec.66-ssec.1) A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.66-ssec.2) It is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\n(sec.66-ssec.3) However, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept by the defendant under an environmental offset agreement. See, however, section 77 .","sortOrder":95},{"sectionNumber":"sec.67","sectionType":"section","heading":"Power to require name and address","content":"### sec.67 Power to require name and address\n\nThis section applies if an enforcement officer—\nfinds a person committing a relevant offence; or\nfinds a person in circumstances that lead the officer to reasonably suspect the person has just committed a relevant offence; or\nhas information that leads the enforcement officer to reasonably suspect a person has just committed a relevant offence.\nThe enforcement officer may require the person to state the person’s name and residential address.\nThe enforcement officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name or address; or\notherwise be able to give the evidence.\nWhen making a personal details requirement, the enforcement officer must give the person an offence warning for the requirement.\nA requirement under this section is a personal details requirement .\nIn this section—\naddress means any of the following—\na residential address;\na business address;\nanother address in the State.\n(sec.67-ssec.1) This section applies if an enforcement officer— finds a person committing a relevant offence; or finds a person in circumstances that lead the officer to reasonably suspect the person has just committed a relevant offence; or has information that leads the enforcement officer to reasonably suspect a person has just committed a relevant offence.\n(sec.67-ssec.2) The enforcement officer may require the person to state the person’s name and residential address.\n(sec.67-ssec.3) The enforcement officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name or address; or otherwise be able to give the evidence.\n(sec.67-ssec.4) When making a personal details requirement, the enforcement officer must give the person an offence warning for the requirement.\n(sec.67-ssec.5) A requirement under this section is a personal details requirement .\n(sec.67-ssec.6) In this section— address means any of the following— a residential address; a business address; another address in the State.\n- (a) finds a person committing a relevant offence; or\n- (b) finds a person in circumstances that lead the officer to reasonably suspect the person has just committed a relevant offence; or\n- (c) has information that leads the enforcement officer to reasonably suspect a person has just committed a relevant offence.\n- (a) be in possession of evidence of the correctness of the stated name or address; or\n- (b) otherwise be able to give the evidence.\n- (a) a residential address;\n- (b) a business address;\n- (c) another address in the State.","sortOrder":96},{"sectionNumber":"sec.68","sectionType":"section","heading":"Offence to contravene personal details requirement","content":"### sec.68 Offence to contravene personal details requirement\n\nA person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person may not be convicted of an offence under subsection (1) unless the person is found guilty of the offence in relation to which the personal details requirement was made.\n(sec.68-ssec.1) A person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.68-ssec.2) A person may not be convicted of an offence under subsection (1) unless the person is found guilty of the offence in relation to which the personal details requirement was made.","sortOrder":97},{"sectionNumber":"sec.69","sectionType":"section","heading":"Power to require information","content":"### sec.69 Power to require information\n\nThis section applies if an enforcement officer reasonably believes—\na relevant offence has been committed; and\na person may be able to give information about the offence.\nThe enforcement officer may, by notice given to the person, require the person to give the enforcement officer information related to the offence at a stated reasonable time and place.\nA requirement under subsection (2) is an information requirement .\nFor information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document.\nIn this section—\ninformation includes a document.\n(sec.69-ssec.1) This section applies if an enforcement officer reasonably believes— a relevant offence has been committed; and a person may be able to give information about the offence.\n(sec.69-ssec.2) The enforcement officer may, by notice given to the person, require the person to give the enforcement officer information related to the offence at a stated reasonable time and place.\n(sec.69-ssec.3) A requirement under subsection (2) is an information requirement .\n(sec.69-ssec.4) For information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document.\n(sec.69-ssec.5) In this section— information includes a document.\n- (a) a relevant offence has been committed; and\n- (b) a person may be able to give information about the offence.","sortOrder":98},{"sectionNumber":"sec.70","sectionType":"section","heading":"Offence to contravene information requirement","content":"### sec.70 Offence to contravene information requirement\n\nA person of whom an information requirement is made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.\n(sec.70-ssec.1) A person of whom an information requirement is made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.70-ssec.2) It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.","sortOrder":99},{"sectionNumber":"pt.10-div.5","sectionType":"division","heading":"Miscellaneous provisions relating to enforcement officers","content":"## Miscellaneous provisions relating to enforcement officers","sortOrder":100},{"sectionNumber":"sec.71","sectionType":"section","heading":"Duty to avoid inconvenience and minimise damage","content":"### sec.71 Duty to avoid inconvenience and minimise damage\n\nIn exercising a power, an enforcement officer must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.\nSee also section 73 .","sortOrder":101},{"sectionNumber":"sec.72","sectionType":"section","heading":"Notice of damage","content":"### sec.72 Notice of damage\n\nThis section applies if—\nan enforcement officer damages something when exercising, or purporting to exercise, a power; or\na person (the assistant ) acting under the direction or authority of an enforcement officer damages something.\nHowever, this section does not apply to damage the enforcement officer reasonably considers is trivial or if the officer reasonably believes—\nthere is no-one apparently in possession of the thing; or\nthe thing has been abandoned.\nThe enforcement officer must give notice of the damage to the person who appears to the officer to be an owner, or person in control, of the thing.\nHowever, if for any reason it is not practicable to comply with subsection (3) , the enforcement officer must—\nleave the notice at or on the place where the damage happened; and\nensure it is left in a conspicuous position and in a reasonably secure way.\nThe enforcement officer may delay complying with subsection (3) or (4) if the officer reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the officer.\nThe delay may be only for so long as the enforcement officer continues to have the reasonable suspicion and remains in the vicinity of the place.\nIf the enforcement officer believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the officer or the assistant, the officer may state the belief in the notice.\nThe notice must state—\nparticulars of the damage; and\nthat the person who suffered the damage may claim compensation under section 73 .\n(sec.72-ssec.1) This section applies if— an enforcement officer damages something when exercising, or purporting to exercise, a power; or a person (the assistant ) acting under the direction or authority of an enforcement officer damages something.\n(sec.72-ssec.2) However, this section does not apply to damage the enforcement officer reasonably considers is trivial or if the officer reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned.\n(sec.72-ssec.3) The enforcement officer must give notice of the damage to the person who appears to the officer to be an owner, or person in control, of the thing.\n(sec.72-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) , the enforcement officer must— leave the notice at or on the place where the damage happened; and ensure it is left in a conspicuous position and in a reasonably secure way.\n(sec.72-ssec.5) The enforcement officer may delay complying with subsection (3) or (4) if the officer reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the officer.\n(sec.72-ssec.6) The delay may be only for so long as the enforcement officer continues to have the reasonable suspicion and remains in the vicinity of the place.\n(sec.72-ssec.7) If the enforcement officer believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the officer or the assistant, the officer may state the belief in the notice.\n(sec.72-ssec.8) The notice must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 73 .\n- (a) an enforcement officer damages something when exercising, or purporting to exercise, a power; or\n- (b) a person (the assistant ) acting under the direction or authority of an enforcement officer damages something.\n- (a) there is no-one apparently in possession of the thing; or\n- (b) the thing has been abandoned.\n- (a) leave the notice at or on the place where the damage happened; and\n- (b) ensure it is left in a conspicuous position and in a reasonably secure way.\n- (a) particulars of the damage; and\n- (b) that the person who suffered the damage may claim compensation under section 73 .","sortOrder":102},{"sectionNumber":"sec.73","sectionType":"section","heading":"Compensation","content":"### sec.73 Compensation\n\nThis section applies if a person incurs loss because of the exercise, or purported exercise, of a power by or for an enforcement officer including a loss arising from compliance with a requirement made of the person under this part.\nThe person may claim compensation from—\nif the enforcement officer was appointed by the chief executive—the State; or\nif the enforcement officer was appointed by the chief executive officer of a local government—the local government.\nThe compensation may be claimed and ordered in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an alleged relevant offence the investigation of which gave rise to the claim for compensation.\nA court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\nIn considering whether it is just to order compensation, the court must have regard to—\nany relevant offence committed by the claimant; and\nwhether the loss arose from a lawful seizure or lawful forfeiture.\nA regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\nSection 71 does not provide for a statutory right of compensation other than is provided by this section.\nIn this section—\nloss includes costs and damage.\n(sec.73-ssec.1) This section applies if a person incurs loss because of the exercise, or purported exercise, of a power by or for an enforcement officer including a loss arising from compliance with a requirement made of the person under this part.\n(sec.73-ssec.2) The person may claim compensation from— if the enforcement officer was appointed by the chief executive—the State; or if the enforcement officer was appointed by the chief executive officer of a local government—the local government.\n(sec.73-ssec.3) The compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an alleged relevant offence the investigation of which gave rise to the claim for compensation.\n(sec.73-ssec.4) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.73-ssec.5) In considering whether it is just to order compensation, the court must have regard to— any relevant offence committed by the claimant; and whether the loss arose from a lawful seizure or lawful forfeiture.\n(sec.73-ssec.6) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\n(sec.73-ssec.7) Section 71 does not provide for a statutory right of compensation other than is provided by this section.\n(sec.73-ssec.8) In this section— loss includes costs and damage.\n- (a) if the enforcement officer was appointed by the chief executive—the State; or\n- (b) if the enforcement officer was appointed by the chief executive officer of a local government—the local government.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an alleged relevant offence the investigation of which gave rise to the claim for compensation.\n- (a) any relevant offence committed by the claimant; and\n- (b) whether the loss arose from a lawful seizure or lawful forfeiture.","sortOrder":103},{"sectionNumber":"sec.74","sectionType":"section","heading":"Giving enforcement officer false or misleading information","content":"### sec.74 Giving enforcement officer false or misleading information\n\nA person must not, in relation to the administration of this Act, give an enforcement officer information, or a document containing information, that the person knows is false or misleading in a material particular.\nMaximum penalty—200 penalty units.\nSubsection (1) applies to information or a document given in relation to the administration of this Act whether or not the information or document was given in response to a specific power under this Act.\n(sec.74-ssec.1) A person must not, in relation to the administration of this Act, give an enforcement officer information, or a document containing information, that the person knows is false or misleading in a material particular. Maximum penalty—200 penalty units.\n(sec.74-ssec.2) Subsection (1) applies to information or a document given in relation to the administration of this Act whether or not the information or document was given in response to a specific power under this Act.","sortOrder":104},{"sectionNumber":"sec.75","sectionType":"section","heading":"Obstructing enforcement officer","content":"### sec.75 Obstructing enforcement officer\n\nA person must not obstruct an enforcement officer exercising a power, or someone helping an enforcement officer exercising a power, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed an enforcement officer, or someone helping an enforcement officer, and the officer decides to proceed with the exercise of the power, the officer must warn the person that—\nit is an offence to cause an obstruction unless the person has a reasonable excuse; and\nthe officer considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n(sec.75-ssec.1) A person must not obstruct an enforcement officer exercising a power, or someone helping an enforcement officer exercising a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.75-ssec.2) If a person has obstructed an enforcement officer, or someone helping an enforcement officer, and the officer decides to proceed with the exercise of the power, the officer must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the officer considers the person’s conduct an obstruction.\n(sec.75-ssec.3) In this section— obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and\n- (b) the officer considers the person’s conduct an obstruction.","sortOrder":105},{"sectionNumber":"sec.76","sectionType":"section","heading":"Impersonating enforcement officer","content":"### sec.76 Impersonating enforcement officer\n\nA person must not impersonate an enforcement officer.\nMaximum penalty—100 penalty units.","sortOrder":106},{"sectionNumber":"sec.77","sectionType":"section","heading":"Evidential immunity for individuals complying with particular requirements","content":"### sec.77 Evidential immunity for individuals complying with particular requirements\n\nSubsection (2) applies if an individual gives or produces information or a document to an enforcement officer under section 65 or 69 .\nEvidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.\nSubsection (2) does not apply to a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence.\n(sec.77-ssec.1) Subsection (2) applies if an individual gives or produces information or a document to an enforcement officer under section 65 or 69 .\n(sec.77-ssec.2) Evidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.\n(sec.77-ssec.3) Subsection (2) does not apply to a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence.","sortOrder":107},{"sectionNumber":"pt.10-div.6","sectionType":"division","heading":"Legal proceedings","content":"## Legal proceedings","sortOrder":108},{"sectionNumber":"sec.78","sectionType":"section","heading":"Summary proceedings for offence","content":"### sec.78 Summary proceedings for offence\n\nProceedings for an offence against section 37 or a provision of this part are to be taken in a summary way under the Justices Act 1886 .","sortOrder":109},{"sectionNumber":"sec.79","sectionType":"section","heading":"Limitation on time for starting proceeding","content":"### sec.79 Limitation on time for starting proceeding\n\nA proceeding for an offence against section 37 or a provision of this part must start—\nwithin 1 year after the commission of the offence; or\nwithin 6 months after the offence comes to the complainant’s knowledge.\n- (a) within 1 year after the commission of the offence; or\n- (b) within 6 months after the offence comes to the complainant’s knowledge.","sortOrder":110},{"sectionNumber":"sec.80","sectionType":"section","heading":"Evidentiary aids generally","content":"### sec.80 Evidentiary aids generally\n\nA certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—\non a stated day, or during a stated period, a stated person was an enforcement officer;\non a stated day, a stated person was given a compliance notice or a requirement or other notice under this part;\na stated amount is payable under this Act by a stated person and has not been paid.\n- (a) on a stated day, or during a stated period, a stated person was an enforcement officer;\n- (b) on a stated day, a stated person was given a compliance notice or a requirement or other notice under this part;\n- (c) a stated amount is payable under this Act by a stated person and has not been paid.","sortOrder":111},{"sectionNumber":"sec.81","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.81 Responsibility for acts or omissions of representatives\n\nThis section applies in a proceeding for an offence against section 37 or a provision of this part.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nof a corporation—an executive officer, employee or agent of the corporation; or\nof an individual—an employee or agent of the individual.\nstate of mind , of a person, includes the person’s—\nknowledge, intention, opinion, belief or purpose; and\nreasons for the intention, opinion, belief or purpose.\n(sec.81-ssec.1) This section applies in a proceeding for an offence against section 37 or a provision of this part.\n(sec.81-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.81-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.81-ssec.4) In this section— representative means— of a corporation—an executive officer, employee or agent of the corporation; or of an individual—an employee or agent of the individual. state of mind , of a person, includes the person’s— knowledge, intention, opinion, belief or purpose; and reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) of a corporation—an executive officer, employee or agent of the corporation; or\n- (b) of an individual—an employee or agent of the individual.\n- (a) knowledge, intention, opinion, belief or purpose; and\n- (b) reasons for the intention, opinion, belief or purpose.","sortOrder":112},{"sectionNumber":"pt.11","sectionType":"part","heading":"Amounts received as financial settlement offsets etc.","content":"# Amounts received as financial settlement offsets etc.","sortOrder":113},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Amounts received by the department","content":"## Amounts received by the department","sortOrder":114},{"sectionNumber":"sec.82","sectionType":"section","heading":"Application of div 1","content":"### sec.82 Application of div 1\n\nThis division applies to any amount received as a financial settlement offset by the department.","sortOrder":115},{"sectionNumber":"sec.83","sectionType":"section","heading":"Establishment of offset account","content":"### sec.83 Establishment of offset account\n\nThe Financial Offset Account (the offset account ) is established.","sortOrder":116},{"sectionNumber":"sec.84","sectionType":"section","heading":"Object of offset account","content":"### sec.84 Object of offset account\n\nThe object of the offset account is to provide funding for the delivery of environmental offsets to achieve conservation outcomes.","sortOrder":117},{"sectionNumber":"sec.85","sectionType":"section","heading":"Payment of amounts into offset account","content":"### sec.85 Payment of amounts into offset account\n\nOn receipt by the department of an amount as a financial settlement offset, the amount must be paid into the offset account.\nThe following amounts may also be paid into the offset account—\nany amount appropriated by Parliament for the purposes of the offset account;\nany amount payable into the offset account under another Act;\nany amount paid into the offset account at the direction of, or with the approval of, the Minister.\nAn amount of a financial settlement offset received by the department, and any other amount paid into the offset account as mentioned in subsection (2) (b) or (c) , is a contribution for the purposes of the Financial Accountability Act 2009 , section 7 (2) (c) .\n(sec.85-ssec.1) On receipt by the department of an amount as a financial settlement offset, the amount must be paid into the offset account.\n(sec.85-ssec.2) The following amounts may also be paid into the offset account— any amount appropriated by Parliament for the purposes of the offset account; any amount payable into the offset account under another Act; any amount paid into the offset account at the direction of, or with the approval of, the Minister.\n(sec.85-ssec.3) An amount of a financial settlement offset received by the department, and any other amount paid into the offset account as mentioned in subsection (2) (b) or (c) , is a contribution for the purposes of the Financial Accountability Act 2009 , section 7 (2) (c) .\n- (a) any amount appropriated by Parliament for the purposes of the offset account;\n- (b) any amount payable into the offset account under another Act;\n- (c) any amount paid into the offset account at the direction of, or with the approval of, the Minister.","sortOrder":118},{"sectionNumber":"sec.86","sectionType":"section","heading":"Payment of amounts from offset account","content":"### sec.86 Payment of amounts from offset account\n\nThe chief executive may make payments from the offset account only for—\npaying expenses incurred by the department in relation to an environmental offset the department delivers, whether directly or indirectly; or\npaying fees or expenses related to administering the offset account; or\nmaking an investment under a Treasurer’s approval in accordance with the Financial Accountability Act 2009 , section 87 ; or\npaying other amounts required or permitted under this Act to be part of the offset account.\nIf a financial settlement payment has been made for a prescribed environmental matter that is a protected area, the chief executive must give the amount to the department responsible for the administration of the protected area for the delivery of an environmental offset as mentioned in section 7 (3) .\nHowever, subsection (2) does not apply for financial settlement payments received in relation to impacts on—\nother matters of environmental significance within a protected area; or\na protected area that is a special wildlife reserve or nature refuge.\ns 86 amd 2019 No. 8 s 44\n(sec.86-ssec.1) The chief executive may make payments from the offset account only for— paying expenses incurred by the department in relation to an environmental offset the department delivers, whether directly or indirectly; or paying fees or expenses related to administering the offset account; or making an investment under a Treasurer’s approval in accordance with the Financial Accountability Act 2009 , section 87 ; or paying other amounts required or permitted under this Act to be part of the offset account.\n(sec.86-ssec.2) If a financial settlement payment has been made for a prescribed environmental matter that is a protected area, the chief executive must give the amount to the department responsible for the administration of the protected area for the delivery of an environmental offset as mentioned in section 7 (3) .\n(sec.86-ssec.3) However, subsection (2) does not apply for financial settlement payments received in relation to impacts on— other matters of environmental significance within a protected area; or a protected area that is a special wildlife reserve or nature refuge.\n- (a) paying expenses incurred by the department in relation to an environmental offset the department delivers, whether directly or indirectly; or\n- (b) paying fees or expenses related to administering the offset account; or\n- (c) making an investment under a Treasurer’s approval in accordance with the Financial Accountability Act 2009 , section 87 ; or\n- (d) paying other amounts required or permitted under this Act to be part of the offset account.\n- (a) other matters of environmental significance within a protected area; or\n- (b) a protected area that is a special wildlife reserve or nature refuge.","sortOrder":119},{"sectionNumber":"sec.87","sectionType":"section","heading":"Administration of offset account","content":"### sec.87 Administration of offset account\n\nAccounts for the offset account must be kept as part of the departmental accounts of the department.\nHowever, amounts received for the offset account may be deposited in a departmental financial institution account of the department with other moneys of the department.\nIn this section—\ndepartmental accounts , of a department, means the accounts of the department kept under the Financial Accountability Act 2009 , section 69 .\ndepartmental financial institution account , of a department, means an account of the department kept under the Financial Accountability Act 2009 , section 83 .\nother moneys , of the department, means all moneys of the department other than amounts received for the offset account.\n(sec.87-ssec.1) Accounts for the offset account must be kept as part of the departmental accounts of the department.\n(sec.87-ssec.2) However, amounts received for the offset account may be deposited in a departmental financial institution account of the department with other moneys of the department.\n(sec.87-ssec.3) In this section— departmental accounts , of a department, means the accounts of the department kept under the Financial Accountability Act 2009 , section 69 . departmental financial institution account , of a department, means an account of the department kept under the Financial Accountability Act 2009 , section 83 . other moneys , of the department, means all moneys of the department other than amounts received for the offset account.","sortOrder":120},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Payments received by a local government","content":"## Payments received by a local government","sortOrder":121},{"sectionNumber":"sec.88","sectionType":"section","heading":"Application of div 2","content":"### sec.88 Application of div 2\n\nThis division applies to any amount received as a financial settlement offset by a local government.","sortOrder":122},{"sectionNumber":"sec.89","sectionType":"section","heading":"Payment of amounts into and from trust fund","content":"### sec.89 Payment of amounts into and from trust fund\n\nOn receipt by the local government of an amount as a financial settlement offset, the amount—\nbecomes trust money; and\nmust be credited to the local government’s trust fund.\nThe local government may transfer an amount from a trust fund only for—\npaying expenses incurred, directly or indirectly, by the local government in the delivery of the environmental offset to achieve a conservation outcome; or\npaying fees or expenses related to administering the trust fund; or\npaying other amounts prescribed, or required or permitted, by regulation to be paid out of the trust fund.\n(sec.89-ssec.1) On receipt by the local government of an amount as a financial settlement offset, the amount— becomes trust money; and must be credited to the local government’s trust fund.\n(sec.89-ssec.2) The local government may transfer an amount from a trust fund only for— paying expenses incurred, directly or indirectly, by the local government in the delivery of the environmental offset to achieve a conservation outcome; or paying fees or expenses related to administering the trust fund; or paying other amounts prescribed, or required or permitted, by regulation to be paid out of the trust fund.\n- (a) becomes trust money; and\n- (b) must be credited to the local government’s trust fund.\n- (a) paying expenses incurred, directly or indirectly, by the local government in the delivery of the environmental offset to achieve a conservation outcome; or\n- (b) paying fees or expenses related to administering the trust fund; or\n- (c) paying other amounts prescribed, or required or permitted, by regulation to be paid out of the trust fund.","sortOrder":123},{"sectionNumber":"pt.12","sectionType":"part","heading":"General","content":"# General","sortOrder":124},{"sectionNumber":"sec.90","sectionType":"section","heading":"Register to be kept by each administering agency","content":"### sec.90 Register to be kept by each administering agency\n\nAn administering agency must keep a register about the following—\ninformation in relation to each authority that has been issued with an offset condition, including, for example—\nthe administering agency’s reference number for the authority; and\ninformation about the prescribed environmental matter relevant to the offset condition; and\na description of the location of the impact relevant to the offset condition; and\nif the authority is for a prescribed activity to be undertaken in a legally secured offset area—a description of the area’s location and the reason the area is a legally secured offset area under section 29 ;\nany other matter prescribed under a regulation.\nAn administering agency must make the register available for inspection in the way the agency reasonably considers appropriate, including, for example, in electronic form.\nAn administering agency must, if requested by the chief executive and without charge, give information held on the register to the chief executive.\n(sec.90-ssec.1) An administering agency must keep a register about the following— information in relation to each authority that has been issued with an offset condition, including, for example— the administering agency’s reference number for the authority; and information about the prescribed environmental matter relevant to the offset condition; and a description of the location of the impact relevant to the offset condition; and if the authority is for a prescribed activity to be undertaken in a legally secured offset area—a description of the area’s location and the reason the area is a legally secured offset area under section 29 ; any other matter prescribed under a regulation.\n(sec.90-ssec.2) An administering agency must make the register available for inspection in the way the agency reasonably considers appropriate, including, for example, in electronic form.\n(sec.90-ssec.3) An administering agency must, if requested by the chief executive and without charge, give information held on the register to the chief executive.\n- (a) information in relation to each authority that has been issued with an offset condition, including, for example— (i) the administering agency’s reference number for the authority; and (ii) information about the prescribed environmental matter relevant to the offset condition; and (iii) a description of the location of the impact relevant to the offset condition; and (iv) if the authority is for a prescribed activity to be undertaken in a legally secured offset area—a description of the area’s location and the reason the area is a legally secured offset area under section 29 ;\n- (i) the administering agency’s reference number for the authority; and\n- (ii) information about the prescribed environmental matter relevant to the offset condition; and\n- (iii) a description of the location of the impact relevant to the offset condition; and\n- (iv) if the authority is for a prescribed activity to be undertaken in a legally secured offset area—a description of the area’s location and the reason the area is a legally secured offset area under section 29 ;\n- (b) any other matter prescribed under a regulation.\n- (i) the administering agency’s reference number for the authority; and\n- (ii) information about the prescribed environmental matter relevant to the offset condition; and\n- (iii) a description of the location of the impact relevant to the offset condition; and\n- (iv) if the authority is for a prescribed activity to be undertaken in a legally secured offset area—a description of the area’s location and the reason the area is a legally secured offset area under section 29 ;","sortOrder":125},{"sectionNumber":"sec.91","sectionType":"section","heading":"Delegation by chief executive","content":"### sec.91 Delegation by chief executive\n\nThe chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified public service employee.\nIn this section—\nappropriately qualified , for a public service employee to whom a function may be delegated, includes having the qualifications, experience or standing appropriate for the function.\nthe officer or employee’s classification or level in a department or agency\nfunctions includes powers.\n(sec.91-ssec.1) The chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified public service employee.\n(sec.91-ssec.2) In this section— appropriately qualified , for a public service employee to whom a function may be delegated, includes having the qualifications, experience or standing appropriate for the function. the officer or employee’s classification or level in a department or agency functions includes powers.","sortOrder":126},{"sectionNumber":"sec.92","sectionType":"section","heading":"Approved forms","content":"### sec.92 Approved forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":127},{"sectionNumber":"sec.93","sectionType":"section","heading":"Regulation-making power","content":"### sec.93 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may do any of the following—\nprescribe fees payable under this Act;\nprovide for an area of land to be registered by the chief executive or a local government to be used for the purposes of an environmental offset in the future (an advanced offset ) and for the use of advanced offsets, including, for example, by providing for trade in relation to advanced offsets;\nrequire or permit other amounts to be paid out of the offset account;\nimpose a penalty for contravention of a provision of a regulation of no more than 20 penalty units.\ns 93 amd 2014 No. 59 s 15\n(sec.93-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.93-ssec.2) A regulation may do any of the following— prescribe fees payable under this Act; provide for an area of land to be registered by the chief executive or a local government to be used for the purposes of an environmental offset in the future (an advanced offset ) and for the use of advanced offsets, including, for example, by providing for trade in relation to advanced offsets; require or permit other amounts to be paid out of the offset account; impose a penalty for contravention of a provision of a regulation of no more than 20 penalty units.\n- (a) prescribe fees payable under this Act;\n- (b) provide for an area of land to be registered by the chief executive or a local government to be used for the purposes of an environmental offset in the future (an advanced offset ) and for the use of advanced offsets, including, for example, by providing for trade in relation to advanced offsets;\n- (c) require or permit other amounts to be paid out of the offset account;\n- (d) impose a penalty for contravention of a provision of a regulation of no more than 20 penalty units.","sortOrder":128},{"sectionNumber":"pt.13","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":129},{"sectionNumber":"sec.94","sectionType":"section","heading":"Definitions for pt 13","content":"### sec.94 Definitions for pt 13\n\nIn this part—\ncommencement means commencement of this section.\nexisting Act means any of the following—\nthe Environmental Protection Act 1994 ;\nthe Fisheries Act 1994 ;\nthe Marine Parks Act 2004 ;\nthe Nature Conservation Act 1992 ;\nthe Sustainable Planning Act 2009 ;\nthe Vegetation Management Act 1999 .\nexisting authority means an authority granted under an existing Act, as the authority is in force immediately before the commencement.\n- (a) the Environmental Protection Act 1994 ;\n- (b) the Fisheries Act 1994 ;\n- (c) the Marine Parks Act 2004 ;\n- (d) the Nature Conservation Act 1992 ;\n- (e) the Sustainable Planning Act 2009 ;\n- (f) the Vegetation Management Act 1999 .","sortOrder":130},{"sectionNumber":"sec.95","sectionType":"section","heading":"Application of this Act or existing Act","content":"### sec.95 Application of this Act or existing Act\n\nThis Act applies to an authority granted under another Act only if the application under the other Act for the authority was made on or after the commencement.\nAn existing Act continues to apply to the following—\nan existing authority;\nan application for an authority under an existing Act that was made, but not dealt with, before the commencement;\nan authority granted under an existing Act on or after the commencement (a further existing authority ) as the result of an application mentioned in paragraph (b).\nFor subsection (2), if a provision of an existing Act has been repealed by the Environmental Offsets Act 2014 , the existing Act as in force immediately before the commencement continues to apply unless a transitional regulation under this Act or the existing Act provides otherwise.\nIf, after the commencement—\nan application is made under an existing Act to amend an existing authority or a further existing authority in relation to a prescribed activity; and\nthe amendment may or is likely to result in a significant residual impact on a prescribed environmental matter;\nthis Act applies to the application and the authority as amended (the amended authority ) to the extent a new environmental offset condition is imposed on the amended authority.\nWithout limiting section 96, a regulation made under that section may provide for the way this Act or the existing Act applies, or does not apply, to an application mentioned in subsection (4) and an amended authority.\n(sec.95-ssec.1) This Act applies to an authority granted under another Act only if the application under the other Act for the authority was made on or after the commencement.\n(sec.95-ssec.2) An existing Act continues to apply to the following— an existing authority; an application for an authority under an existing Act that was made, but not dealt with, before the commencement; an authority granted under an existing Act on or after the commencement (a further existing authority ) as the result of an application mentioned in paragraph (b).\n(sec.95-ssec.3) For subsection (2), if a provision of an existing Act has been repealed by the Environmental Offsets Act 2014 , the existing Act as in force immediately before the commencement continues to apply unless a transitional regulation under this Act or the existing Act provides otherwise.\n(sec.95-ssec.4) If, after the commencement— an application is made under an existing Act to amend an existing authority or a further existing authority in relation to a prescribed activity; and the amendment may or is likely to result in a significant residual impact on a prescribed environmental matter; this Act applies to the application and the authority as amended (the amended authority ) to the extent a new environmental offset condition is imposed on the amended authority.\n(sec.95-ssec.5) Without limiting section 96, a regulation made under that section may provide for the way this Act or the existing Act applies, or does not apply, to an application mentioned in subsection (4) and an amended authority.\n- (a) an existing authority;\n- (b) an application for an authority under an existing Act that was made, but not dealt with, before the commencement;\n- (c) an authority granted under an existing Act on or after the commencement (a further existing authority ) as the result of an application mentioned in paragraph (b).\n- (a) an application is made under an existing Act to amend an existing authority or a further existing authority in relation to a prescribed activity; and\n- (b) the amendment may or is likely to result in a significant residual impact on a prescribed environmental matter;","sortOrder":131},{"sectionNumber":"sec.95A","sectionType":"section","heading":"Undecided applications for authorities","content":"### sec.95A Undecided applications for authorities\n\nThis section applies if—\nan application for an authority was made under an existing Act, but not dealt with, before the commencement; and\nthat Act allowed for an offset condition to be imposed on the authority; and\nthe administering agency is deciding whether to impose on the authority a condition in relation to an environmental offset.\nThe administering agency may, at the request of or with the agreement of the applicant, consider all or part of the environmental offsets policy under this Act instead of all or part of any policy about environmental offsets (however described) under the existing Act.\nThis section applies despite section 95.\ns 95A ins 2014 No. 59 s 15A\n(sec.95A-ssec.1) This section applies if— an application for an authority was made under an existing Act, but not dealt with, before the commencement; and that Act allowed for an offset condition to be imposed on the authority; and the administering agency is deciding whether to impose on the authority a condition in relation to an environmental offset.\n(sec.95A-ssec.2) The administering agency may, at the request of or with the agreement of the applicant, consider all or part of the environmental offsets policy under this Act instead of all or part of any policy about environmental offsets (however described) under the existing Act.\n(sec.95A-ssec.3) This section applies despite section 95.\n- (a) an application for an authority was made under an existing Act, but not dealt with, before the commencement; and\n- (b) that Act allowed for an offset condition to be imposed on the authority; and\n- (c) the administering agency is deciding whether to impose on the authority a condition in relation to an environmental offset.","sortOrder":132},{"sectionNumber":"sec.95B","sectionType":"section","heading":"Amendment of existing authorities","content":"### sec.95B Amendment of existing authorities\n\nThis section applies to the following authorities granted under an existing Act if that Act allowed for an offset condition to be imposed on the authority—\nan existing authority;\nan authority granted, on or after the commencement, as the result of an application that was made, but not dealt with, before the commencement.\nThe authority holder may, at any time and free of charge, apply for an amendment of the authority—\nto allow the selection and delivery of an environmental offset in accordance with the environmental offsets policy; or\nto allow a financial settlement offset (however described) determined in accordance with the environmental offsets policy; or\nto remove a requirement to provide an environmental offset for—\nan environmental value that is not a prescribed environmental matter under this Act; or\nan impact on a prescribed environmental matter that is not a significant residual impact.\nThe authority holder must apply, in the approved form, to the administering agency that issued the authority.\nThe administering agency must decide the application within 20 business days after receiving the application.\nThe administering agency may decide to make the amendment only if satisfied that the environmental values for which the environmental offset was required have not yet been impacted by the activity that is authorised by the authority.\nIf the administering agency decides to make the amendment, the agency may also make any other amendments that the agency considers—\nrelate to the amendment; and\nare necessary or desirable.\nIf the administering agency decides to amend the authority, the agency must, within 10 business days after making the decision—\ngive the amended authority to the authority holder; and\ninclude a copy of the amended authority in the register kept under section 90 .\nIf the administering agency decides not to amend the authority, the administering agency must give the authority holder a notice that states—\nthe decision and the reasons for the decision; and\nthat the holder may apply for a review of the decision; and\nhow and when the holder may apply for a review of the decision.\nA regulation may provide for a review of the decision.\nAny provisions in the Act under which the offset condition was imposed about amending conditions of an authority, other than a provision mentioned in section 5 , do not apply to an offset condition that is amended under this section.\nThis section applies despite section 95 .\ns 95B ins 2014 No. 59 s 15A\n(sec.95B-ssec.1) This section applies to the following authorities granted under an existing Act if that Act allowed for an offset condition to be imposed on the authority— an existing authority; an authority granted, on or after the commencement, as the result of an application that was made, but not dealt with, before the commencement.\n(sec.95B-ssec.2) The authority holder may, at any time and free of charge, apply for an amendment of the authority— to allow the selection and delivery of an environmental offset in accordance with the environmental offsets policy; or to allow a financial settlement offset (however described) determined in accordance with the environmental offsets policy; or to remove a requirement to provide an environmental offset for— an environmental value that is not a prescribed environmental matter under this Act; or an impact on a prescribed environmental matter that is not a significant residual impact.\n(sec.95B-ssec.3) The authority holder must apply, in the approved form, to the administering agency that issued the authority.\n(sec.95B-ssec.4) The administering agency must decide the application within 20 business days after receiving the application.\n(sec.95B-ssec.5) The administering agency may decide to make the amendment only if satisfied that the environmental values for which the environmental offset was required have not yet been impacted by the activity that is authorised by the authority.\n(sec.95B-ssec.6) If the administering agency decides to make the amendment, the agency may also make any other amendments that the agency considers— relate to the amendment; and are necessary or desirable.\n(sec.95B-ssec.7) If the administering agency decides to amend the authority, the agency must, within 10 business days after making the decision— give the amended authority to the authority holder; and include a copy of the amended authority in the register kept under section 90 .\n(sec.95B-ssec.8) If the administering agency decides not to amend the authority, the administering agency must give the authority holder a notice that states— the decision and the reasons for the decision; and that the holder may apply for a review of the decision; and how and when the holder may apply for a review of the decision.\n(sec.95B-ssec.9) A regulation may provide for a review of the decision.\n(sec.95B-ssec.10) Any provisions in the Act under which the offset condition was imposed about amending conditions of an authority, other than a provision mentioned in section 5 , do not apply to an offset condition that is amended under this section.\n(sec.95B-ssec.11) This section applies despite section 95 .\n- (a) an existing authority;\n- (b) an authority granted, on or after the commencement, as the result of an application that was made, but not dealt with, before the commencement.\n- (a) to allow the selection and delivery of an environmental offset in accordance with the environmental offsets policy; or\n- (b) to allow a financial settlement offset (however described) determined in accordance with the environmental offsets policy; or\n- (c) to remove a requirement to provide an environmental offset for— (i) an environmental value that is not a prescribed environmental matter under this Act; or (ii) an impact on a prescribed environmental matter that is not a significant residual impact.\n- (i) an environmental value that is not a prescribed environmental matter under this Act; or\n- (ii) an impact on a prescribed environmental matter that is not a significant residual impact.\n- (i) an environmental value that is not a prescribed environmental matter under this Act; or\n- (ii) an impact on a prescribed environmental matter that is not a significant residual impact.\n- (a) relate to the amendment; and\n- (b) are necessary or desirable.\n- (a) give the amended authority to the authority holder; and\n- (b) include a copy of the amended authority in the register kept under section 90 .\n- (a) the decision and the reasons for the decision; and\n- (b) that the holder may apply for a review of the decision; and\n- (c) how and when the holder may apply for a review of the decision.","sortOrder":133},{"sectionNumber":"sec.96","sectionType":"section","heading":null,"content":"### Section sec.96\n\ns 96 exp 1 July 2015 (see s 96(4))","sortOrder":134}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The text as presented shows the Act has been expanded beyond a narrow offsets rule into a comprehensive offsets regime. Additions that broaden scope include: (1) financial architecture and pooling of offset funds via a departmental Financial Offset Account and local trust funds with strict use rules (s83–s89); (2) mechanisms for legally securing offset areas on land and binding offset agreements on current and future landowners (s29–s34); (3) an enforcement and investigatory toolkit with search, warrant and information powers plus significant penalties (pt 10, s35–s39, s52–s79); and (4) explicit regulatory hooks for \"advanced offsets\" and trading (s93). The Act also increases coordination and potential overlap with Commonwealth assessments and other State Acts (s15, s5), and delegates substantial implementation detail to regulations and to administering agencies (s19(8), s26(4), s91, s93). These features move the instrument from a simple 'require offset where necessary' rule to a full institutional system for delivering, financing, recording and enforcing offsets."},"complexity_factors":["13 Parts covering preliminary, definitions, offset policy, imposition, requirements, agreements, secured areas, enforcement, finances, transitional rules (length and structural complexity)","Multiple core defined concepts located in schedule 2 and text: 'prescribed activity', 'prescribed environmental matter', 'offset condition', 'environmental offset', 'legally secured offset area' (s6, s7, s9, s10, s29)","Extensive cross-references to other Acts and external definitions (e.g. Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), State Development Act, Nature Conservation Act, Planning Act) increasing interpretive load (see s3 note, s5, s10, s15, s95)","Parallel and overlapping decision-makers (chief executive, local governments, administering agencies, planning chief executive, magistrates) with delegation and nomination rules (s19, s25AA, s91) creating conditional paths","Multiple conditional branches for offset delivery (proponent-driven vs financial settlement vs combination), early agreed arrangements and staged activities (s18–s19A, s19B, s24)","Separate legal regimes for departmental offset account and local government trust funds with different rules for payment and expenditure (s83–s89)","Complex enforcement regime: entry powers, consent procedures, warrants, evidence rules, information/help requirements, immunities, and penalties scattered across pt 10 (s52–s77, s78–s81)","Transitional and savings provisions that change application depending on when an original authority application was made (s95–s96) adding temporal complexity","Broad regulation-making powers that transfer significant detail to subordinate instruments (s93), meaning much operational detail will be external to the Act","Binding agreements and land-recording mechanics that affect third parties and future owners, with registry and land title interactions (s30–s34, s31)"],"plain_english_summary":"**What this Act does (mechanics first)\n\n- Establishes a statutory framework that lets an administering agency (the State department, a local council, or the chief executive) require an environmental offset when a licensed activity will cause a \"significant residual impact\" on a prescribed environmental matter (see s14 and s8).\n- Defines key choices for how an offset is delivered: a proponent-driven offset (the developer or proponent carries out works), a financial settlement offset (a payment into a government account or local trust), or a mix of both (s18, s21, s23).\n- Requires proponents to notify the administering agency of their chosen delivery method, lodge an offset delivery plan when needed, and enter into an \"agreed delivery arrangement\" with the agency before starting works that affect the prescribed matter (s18–s19, s19B).\n- Creates legally secured offset areas and a process for declaring, recording and binding offset agreements on landowners and registered interest-holders (s29–s34). Declarations are recorded in a public register (s31, s90).\n- Sets out enforcement powers and penalties (investigative powers, warrants, information and assistance requirements, compliance notices, recovery of costs) and provides remedies and review routes (pt 9, pt 10 generally; see s35–s39; s52–s79).\n- Establishes a Financial Offset Account for payments made as financial settlement offsets and rules for how those funds may be used (s83–s87). Local governments must credit financial offsets to a trust fund and may use them only for offset delivery, administration, or other prescribed purposes (s89).\n- Provides regulation-making powers for detail (what counts as prescribed activities/matters, offset policies, fees, advanced offset registration and trading, review procedures) and delegates administrative functions to the chief executive (s93, s91).\n\nThe Act's stated purpose\n\n- The Act says its main purpose is to \"counterbalance the significant residual impacts of particular activities on prescribed environmental matters through the use of environmental offsets\" (s3). It lists mechanisms for achieving that purpose: a statutory offsets framework, recognition of protection levels under other laws, prescription of national/state/local matters, and coordination with other legislation (s3).\n\nWho it affects and who decides\n\n- Primary parties required to act or pay: authority holders (developers, proponents) and anyone acting under an authority (s17).\n- Decision-makers: administering agencies (chief executive, local governments), the planning chief executive in some Planning Act interactions (s25AA), and magistrates/courts for warrants, prosecutions and compensation disputes (pt 10, s57–s61, s73).\n- Landholders are affected where offset areas are declared—offset agreements bind current and future owners and registered interest-holders (s30, s32).\n\nWhy it matters (practical effects, trade-offs and incentives)\n\n- Credible claim: The Act creates a formal pathway for offsetting environmental harm where on-site mitigation is insufficient (s8, s11). That centralises decision-making about offsets and sets standards and administrative requirements for delivery (s12–s13, s18–s19).\n\n- Who pays and who benefits: Developers/authority holders bear the primary costs—either by delivering conservation actions themselves or by paying into government/local trust funds (s18, s23–s24). Recipients include landholders who host legally secured offset areas (s30–s34) and agencies that deliver offsets using the offset account funds (s83–s87).\n\n- Private choice and contract freedom: The Act preserves some private choice by letting a proponent select delivery method (s18) and to contract out delivery (s21), but it also gives the administering agency discretion to require delivery in a different way and to insist on an agreed arrangement (s19). Environmental offset agreements can be binding on future owners (s32), which limits future land-use flexibility.\n\n- Market and competition effects: The Act contemplates financial settlement offsets and enables local trust funds and a departmental offset account (s83–s89). The regulation power explicitly contemplates registration of \"advanced offsets\" and trading (s93), creating scope for market activity in offset credits. That can lower transaction costs or create speculative markets depending on regulation design.\n\n- Compliance burden and administrative cost: Developers must prepare offset delivery plans meeting prescribed detail (s18), enter agreements, and comply with monitoring, governance and reporting requirements (s12–s13, s18). Agencies must keep registers and process applications, manage accounts and enforce agreements (s90, s85–s87). Enforcement powers (search, warrants, information requirements, penalties up to large numbers of penalty units for breaches of conservation terms (s37)) create substantial compliance and potential litigation costs.\n\n- Coordination with Commonwealth and other State laws: The Act restricts duplication where the same impact/matter has already been assessed under certain Commonwealth Acts (s15), but preserves special rules for protected areas and cross-references multiple other Acts (e.g. Nature Conservation Act, State Development Act) (s5, s8, s29). That creates layered decision-making and potential for overlap or gaps unless regulations and inter-agency coordination are clear.\n\n- Risks and trade-offs: The Act centralises a lot of discretion in administering agencies (deciding delivery method, approving plans, agreeing to offsets, entering and varying agreements) and relies on subordinate regulation for many details (s19(8), s26(4), s93). That raises implementation risk—quality of ecological outcomes will depend on agency capacity, technical assessment, monitoring and enforcement. There is also a potential distributional effect: developers face concentrated costs, while environmental benefits are diffuse; landowners hosting offsets receive concentrated benefits that can be significant (s30–s32).\n\nPractical behaviours the Act will change (clear, declarative)\n\n- Developers will factor offset costs or delivery into project costs and timeframes, and must choose or accept offset delivery routes and enter agreed delivery arrangements before starting impacting works (s14, s18, s19B, s24).\n- Agencies will maintain and publish registers of offset conditions and declared offset areas and manage the offset account or local trust funds (s90, s85–s89).\n- Landholders may be asked to grant consent to offset declarations, host legally secured offset areas, and be bound by offset agreements (s30, s32).\n\nSelected key sections for quick reference\n\n- Purpose: s3\n- When an offset can be required: s14 (must be satisfied of significant residual impact and that on-site mitigation has been/ will be done)\n- Delivery choices and plans: s18–s19\n- Financial settlement offsets and account: s23–s24, s83–s87\n- Legally secured offset areas and binding agreements: s29–s34\n- Enforcement, powers and penalties: s35–s39, pt 10 (entry, warrants, information requirements, penalties)\n- Registers and record-keeping: s31, s90\n- Regulation-making and market mechanisms (advanced offsets/trading): s93\n\nOverall summary sentence\n\nMechanically, the Act creates a regulatory system that allows agencies to require offsets for significant residual environmental impacts, sets how offsets can be delivered (works or payments), creates binding agreements and legally protected offset areas, provides enforcement and record-keeping mechanisms, and establishes financial arrangements for monies collected — all to achieve conservation outcomes claimed in s3. The Act shifts costs mainly to authority holders, gives decision latitude to administering agencies, and relies on subordinate regulation and administrative capacity to deliver ecological outcomes (see especially s14, s18, s19, s23–s24, s29–s34, s83–s93)."},"kimi_summary":{"_metrics":{"completionTokens":669},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as stated in section 3 — establishing a framework for environmental offsets to counterbalance significant residual impacts. The various amendments noted (2014 No. 59, 2016 No. 27, 2019 No. 8, 2020 No. 3) appear to refine operational details rather than expand scope beyond environmental offset mechanisms."},"complexity_factors":["Multiple nested definitions ('prescribed activity', 'prescribed environmental matter', 'significant residual impact') that depend on regulations and other Acts","Extensive cross-referencing with at least 15 other Queensland and Commonwealth statutes","Conditional logic with multiple exceptions (e.g., section 15 restrictions on imposing offset conditions have three separate carve-outs)","'Deemed conditions' mechanism creates automatic legal obligations that aren't explicitly stated in individual approvals","Complex transitional arrangements in Part 13 determining which version of law applies to existing and new applications","Financial settlement offset calculations depend on separate 'environmental offsets policies' prescribed by regulation","Enforcement powers in Part 10 include detailed warrant procedures with electronic application provisions","Hierarchy of conditions where 'imposed conditions' can override 'deemed conditions' but not in certain specified Acts"],"plain_english_summary":"This Queensland legislation creates a system for **environmental offsets** — a way to compensate for environmental damage caused by development. Here's how it works:\n\n**What it does**\n- When a development project (called a \"prescribed activity\") will significantly harm the environment (a \"prescribed environmental matter\"), the government can require the developer to undertake an **environmental offset** — actions that counterbalance this damage.\n- Offsets can be delivered in two main ways: **proponent-driven offsets** (the developer does conservation work themselves, like protecting habitat or removing pests) or **financial settlement offsets** (the developer pays money to a government fund that delivers conservation outcomes).\n\n**Who it affects**\n- **Developers and landowners** seeking approvals for activities that impact protected areas, wildlife habitats, or other environmentally sensitive areas\n- **Government agencies** (state and local) that impose offset conditions on development approvals\n- **Local governments** that can receive and manage financial settlement funds for local environmental matters\n\n**Key features**\n- **\"Deemed conditions\"** automatically apply to approvals with offset conditions — these are extra legal obligations built into the approval without being explicitly written each time\n- **Legally secured offset areas** — land can be declared as protected for offset purposes, with binding agreements that run with the land even if ownership changes\n- **Financial settlement funds** — money paid by developers goes into dedicated accounts (state or local trust funds) that can only be used for conservation outcomes\n- **Enforcement officers** can enter properties, inspect documents, and issue compliance notices with penalties up to 1,665 penalty units for serious breaches\n\n**Why it matters**\nThe Act tries to ensure that when development damages the environment, something is done to make up for it — protecting biodiversity while allowing economic activity to proceed. It coordinates with other Queensland environmental laws and recognises both national and local environmental values."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope appears to have expanded from its original intent through a series of amendments (notably the 2014 No. 59 amendments which inserted or substituted many key provisions). The Act was also amended in 2016, 2019, and 2020 to align with changes to planning legislation (Planning Act replacing the Sustainable Planning Act) and to address protected areas under the Nature Conservation Act 1992. The inclusion of social, cultural and economic benefits as permissible offsets for protected areas (s.7(3)), and the extension to legally secured offset areas that predate the Act (s.29(3)), suggest the scope broadened beyond the original framework to accommodate existing offset arrangements and a wider range of offset types."},"complexity_factors":["Operates as a framework law that sits across and modifies multiple other Acts (Environmental Protection Act, Nature Conservation Act, Marine Parks Act, Planning Act, State Development Act, Vegetation Management Act, and others), requiring understanding of all those Acts to fully grasp obligations","Three-tiered hierarchy of environmental matters (national, State, local) with different rules applying to each tier, including restrictions on which agencies can impose conditions for which matters","Complex interaction between 'imposed conditions' and 'deemed conditions', including a priority/conflict resolution hierarchy","Multiple pathways for delivering offsets (proponent-driven, financial settlement, or combination), each with distinct procedural requirements","Staged activity provisions add an additional procedural layer for phased projects","Intricate Commonwealth/State boundary rules — State cannot generally duplicate a Commonwealth assessment, but protected areas are an exception to this exception","Land title implications: offset protection area declarations bind future landowners and must be recorded on title registers, creating property law consequences","Temporal complexity: different provisions commenced at different times by proclamation, and the Act only applies to applications made after commencement","Heavy reliance on regulations to prescribe critical definitions and matters (what counts as a prescribed environmental matter, prescribed activity, etc.) — meaning the Act alone is incomplete without the regulations","Duplicate condition removal process involves multi-agency determinations with review rights and tight statutory timeframes"],"plain_english_summary":"The Environmental Offsets Act 2014 requires developers to compensate for unavoidable, significant environmental harm from approved projects by delivering or funding equivalent conservation outcomes (offsets). It applies to activities affecting prescribed environmental matters like endangered species, habitats and protected areas.\n\nThis affects developers, landowners used for offsets, and government approvers, and matters because it aims to maintain Queensland’s biodiversity and cultural values by ensuring damage is balanced with genuine, enforceable conservation actions."}},"importantCases":[],"_links":{"self":"/api/acts/environmental-offsets-act-2014","history":"/api/acts/environmental-offsets-act-2014/history","analysis":"/api/acts/environmental-offsets-act-2014/analysis","conflicts":"/api/acts/environmental-offsets-act-2014/conflicts","importantCases":"/api/acts/environmental-offsets-act-2014/important-cases","documents":"/api/acts/environmental-offsets-act-2014/documents"}}