Environmental Offsets Act 2014
sec.29What is a legally secured offset area
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sec.29 What is a legally secured offset area
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. 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. 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. s 29 amd 2019 No. 8 s 43 (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. (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. (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.
- (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