sec.30Declaration of environmental offset protection area

sec.30 Declaration of environmental offset protection area

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. 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. 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. 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. 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. 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. 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. 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. (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. (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. (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. (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. (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. (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. (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. (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.