Preliminary

sec.1 Short title

This regulation may be cited as the Environmental Offsets Regulation 2014 .

sec.2 Commencement

This regulation commences on 1 July 2014.

sec.3 Definitions

The dictionary in schedule 3 defines particular words used in this regulation.

Interpretation

sec.4 Prescribed activities— Act , s 9

Each activity mentioned in schedule 1 is prescribed for section 9 (c) of the Act .

sec.5 Prescribed environmental matters— Act , s 10

For section 10 (1) (a) of the Act , each of the following matters of national environmental significance is a prescribed environmental matter— a declared World Heritage property within the meaning of the Commonwealth Environment Act, section 13 (1) ; a National Heritage place within the meaning of the Commonwealth Environment Act, section 324C (3) ; a declared Ramsar wetland within the meaning of the Commonwealth Environment Act, section 17 ; a threatened species within the meaning of the Commonwealth Environment Act in a list established under section 178 of that Act; a threatened ecological community within the meaning of the Commonwealth Environment Act in a list established under section 181 of that Act; a migratory species within the meaning of the Commonwealth Environment Act in a list established under section 209 of that Act; a Commonwealth marine area within the meaning of the Commonwealth Environment Act, section 24 ; the Great Barrier Reef Marine Park established under the Great Barrier Reef Marine Park Act 1975 (Cwlth) ; a water resource, within the meaning of the Water Act 2007 (Cwlth) , to the extent the taking of action mentioned in section 24D or 24E of the Commonwealth Environment Act in relation to the water resource is prohibited under either of those sections. For section 10 (1) (b) of the Act , each matter of State environmental significance mentioned in schedule 2 is a prescribed environmental matter. However, each of the following matters of State environmental significance is not a prescribed environmental matter to the extent the matter of State environmental significance is in an urban area— a prescribed regional ecosystem mentioned in schedule 2 , section 2 (2) to (5) or 3 (2) ; a designated precinct mentioned in schedule 2 , section 5 (1) ; a marine plant mentioned in schedule 2 , section 11 ; any part of a waterway mentioned in schedule 2 , section 10 (1) . For section 10 (1) (c) of the Act , a matter of local environmental significance is a prescribed environmental matter if— an environmental offset for the matter is required under a local planning instrument; and the matter is not the same, or substantially the same, as— a matter of national environmental significance mentioned in subsection (1) ; or a matter of State environmental significance that is prescribed to be a prescribed environmental matter under subsection (2) ; or a matter of State environmental significance mentioned in subsection (3) (a) to (d) . In this section— Commonwealth Environment Act means the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) . urban area see the Planning Regulation 2017 , schedule 24 . s 5 amd 2014 SL No. 295 s 4 ; 2017 SL No. 103 s 41 ; 2018 SL No. 56 s 3 (sec.5-ssec.1) For section 10 (1) (a) of the Act , each of the following matters of national environmental significance is a prescribed environmental matter— a declared World Heritage property within the meaning of the Commonwealth Environment Act, section 13 (1) ; a National Heritage place within the meaning of the Commonwealth Environment Act, section 324C (3) ; a declared Ramsar wetland within the meaning of the Commonwealth Environment Act, section 17 ; a threatened species within the meaning of the Commonwealth Environment Act in a list established under section 178 of that Act; a threatened ecological community within the meaning of the Commonwealth Environment Act in a list established under section 181 of that Act; a migratory species within the meaning of the Commonwealth Environment Act in a list established under section 209 of that Act; a Commonwealth marine area within the meaning of the Commonwealth Environment Act, section 24 ; the Great Barrier Reef Marine Park established under the Great Barrier Reef Marine Park Act 1975 (Cwlth) ; a water resource, within the meaning of the Water Act 2007 (Cwlth) , to the extent the taking of action mentioned in section 24D or 24E of the Commonwealth Environment Act in relation to the water resource is prohibited under either of those sections. (sec.5-ssec.2) For section 10 (1) (b) of the Act , each matter of State environmental significance mentioned in schedule 2 is a prescribed environmental matter. (sec.5-ssec.3) However, each of the following matters of State environmental significance is not a prescribed environmental matter to the extent the matter of State environmental significance is in an urban area— a prescribed regional ecosystem mentioned in schedule 2 , section 2 (2) to (5) or 3 (2) ; a designated precinct mentioned in schedule 2 , section 5 (1) ; a marine plant mentioned in schedule 2 , section 11 ; any part of a waterway mentioned in schedule 2 , section 10 (1) . (sec.5-ssec.4) For section 10 (1) (c) of the Act , a matter of local environmental significance is a prescribed environmental matter if— an environmental offset for the matter is required under a local planning instrument; and the matter is not the same, or substantially the same, as— a matter of national environmental significance mentioned in subsection (1) ; or a matter of State environmental significance that is prescribed to be a prescribed environmental matter under subsection (2) ; or a matter of State environmental significance mentioned in subsection (3) (a) to (d) . (sec.5-ssec.5) In this section— Commonwealth Environment Act means the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) . urban area see the Planning Regulation 2017 , schedule 24 .

• (a) a declared World Heritage property within the meaning of the Commonwealth Environment Act, section 13 (1) ;
• (b) a National Heritage place within the meaning of the Commonwealth Environment Act, section 324C (3) ;
• (c) a declared Ramsar wetland within the meaning of the Commonwealth Environment Act, section 17 ;
• (d) a threatened species within the meaning of the Commonwealth Environment Act in a list established under section 178 of that Act;
• (e) a threatened ecological community within the meaning of the Commonwealth Environment Act in a list established under section 181 of that Act;
• (f) a migratory species within the meaning of the Commonwealth Environment Act in a list established under section 209 of that Act;
• (g) a Commonwealth marine area within the meaning of the Commonwealth Environment Act, section 24 ;
• (h) the Great Barrier Reef Marine Park established under the Great Barrier Reef Marine Park Act 1975 (Cwlth) ;
• (i) a water resource, within the meaning of the Water Act 2007 (Cwlth) , to the extent the taking of action mentioned in section 24D or 24E of the Commonwealth Environment Act in relation to the water resource is prohibited under either of those sections.
• (a) a prescribed regional ecosystem mentioned in schedule 2 , section 2 (2) to (5) or 3 (2) ;
• (b) a designated precinct mentioned in schedule 2 , section 5 (1) ;
• (c) a marine plant mentioned in schedule 2 , section 11 ;
• (d) any part of a waterway mentioned in schedule 2 , section 10 (1) .
• (a) an environmental offset for the matter is required under a local planning instrument; and
• (b) the matter is not the same, or substantially the same, as— (i) a matter of national environmental significance mentioned in subsection (1) ; or (ii) a matter of State environmental significance that is prescribed to be a prescribed environmental matter under subsection (2) ; or (iii) a matter of State environmental significance mentioned in subsection (3) (a) to (d) .
• (i) a matter of national environmental significance mentioned in subsection (1) ; or
• (ii) a matter of State environmental significance that is prescribed to be a prescribed environmental matter under subsection (2) ; or
• (iii) a matter of State environmental significance mentioned in subsection (3) (a) to (d) .
• (i) a matter of national environmental significance mentioned in subsection (1) ; or
• (ii) a matter of State environmental significance that is prescribed to be a prescribed environmental matter under subsection (2) ; or
• (iii) a matter of State environmental significance mentioned in subsection (3) (a) to (d) .

sec.6 Environmental offsets policy— Act , s 12

For section 12 (1) of the Act , the document called ‘Queensland Environmental Offsets Policy (version 1.17)’ and published on the department’s website is prescribed to be an environmental offsets policy. s 6 amd 2014 SL No. 295 s 5 ; 2016 SL No. 104 s 2 (2) sch 1 ; 2017 SL No. 67 s 3 ; 2017 SL No. 103 s 42 ; 2018 SL No. 56 s 4 ; 2018 SL No. 97 s 4 ; 2019 SL No. 150 s 3 ; 2020 SL No. 9 s 4 ; 2020 SL No. 136 s 423 ; 2021 SL No. 36 s 3 ; 2021 SL No. 165 s 4 ; 2022 SL No. 37 s 3 ; 2022 SL No. 166 s 3 ; 2023 SL No. 77 s 3 ; 2023 SL No. 186 s 3 ; 2024 SL No. 196 s 4 ; 2025 SL No. 42 s 4

sec.7 Legally secured offset areas— Act , s 29

Each of the following areas of land is prescribed for section 29 (1) (a) (iii) of the Act — an area the subject of a covenant under the Land Act 1994 , section 373A or the Land Title Act 1994 , section 97A ; a declared fish habitat area under the Fisheries Act 1994 , section 120 ; a highly protected area under the Marine Parks Act 2004 , schedule. For section 29 (3) (b) of the Act , each area mentioned in section 29 (1) or (2) of the Act is prescribed as legally secured for the purposes of the other Act. s 7 amd 2014 SL No. 295 s 6 (sec.7-ssec.1) Each of the following areas of land is prescribed for section 29 (1) (a) (iii) of the Act — an area the subject of a covenant under the Land Act 1994 , section 373A or the Land Title Act 1994 , section 97A ; a declared fish habitat area under the Fisheries Act 1994 , section 120 ; a highly protected area under the Marine Parks Act 2004 , schedule. (sec.7-ssec.2) For section 29 (3) (b) of the Act , each area mentioned in section 29 (1) or (2) of the Act is prescribed as legally secured for the purposes of the other Act.

• (a) an area the subject of a covenant under the Land Act 1994 , section 373A or the Land Title Act 1994 , section 97A ;
• (b) a declared fish habitat area under the Fisheries Act 1994 , section 120 ;
• (c) a highly protected area under the Marine Parks Act 2004 , schedule.

Requirements about offset conditions

sec.8 Requirements for offset delivery plans— Act , s 18 (4) (d)

For the Act , section 18 (4) (d) , this section prescribes other requirements that an offset delivery plan must satisfy. The offset delivery plan must— describe the prescribed environmental matter to which the offset condition relates; and state whether the offset condition will be delivered, wholly or partly, on the land on which the environmental offset will be undertaken; and include particulars of, or a description sufficient to identify, the land on which the environmental offset will be undertaken; and identify, and contain details of, any person with an interest in the land on which the environmental offset will be undertaken; and describe the existing land use of the land on which the environmental offset will be undertaken and any impact that land use may have on the delivery of the offset; and state— the measures the authority holder will take to secure the land on which the environmental offset will be undertaken as a legally secured offset area; and why the authority holder considers the stated measures are reasonable and practicable; and the period during which the authority holder will take the measures; and why the authority holder considers the stated period is reasonable for the purpose of securing the land. s 8 amd 2014 SL No. 295 s 7 (sec.8-ssec.1) For the Act , section 18 (4) (d) , this section prescribes other requirements that an offset delivery plan must satisfy. (sec.8-ssec.2) The offset delivery plan must— describe the prescribed environmental matter to which the offset condition relates; and state whether the offset condition will be delivered, wholly or partly, on the land on which the environmental offset will be undertaken; and include particulars of, or a description sufficient to identify, the land on which the environmental offset will be undertaken; and identify, and contain details of, any person with an interest in the land on which the environmental offset will be undertaken; and describe the existing land use of the land on which the environmental offset will be undertaken and any impact that land use may have on the delivery of the offset; and state— the measures the authority holder will take to secure the land on which the environmental offset will be undertaken as a legally secured offset area; and why the authority holder considers the stated measures are reasonable and practicable; and the period during which the authority holder will take the measures; and why the authority holder considers the stated period is reasonable for the purpose of securing the land.

• (a) describe the prescribed environmental matter to which the offset condition relates; and
• (b) state whether the offset condition will be delivered, wholly or partly, on the land on which the environmental offset will be undertaken; and
• (c) include particulars of, or a description sufficient to identify, the land on which the environmental offset will be undertaken; and
• (d) identify, and contain details of, any person with an interest in the land on which the environmental offset will be undertaken; and
• (e) describe the existing land use of the land on which the environmental offset will be undertaken and any impact that land use may have on the delivery of the offset; and
• (f) state— (i) the measures the authority holder will take to secure the land on which the environmental offset will be undertaken as a legally secured offset area; and (ii) why the authority holder considers the stated measures are reasonable and practicable; and (iii) the period during which the authority holder will take the measures; and (iv) why the authority holder considers the stated period is reasonable for the purpose of securing the land.
• (i) the measures the authority holder will take to secure the land on which the environmental offset will be undertaken as a legally secured offset area; and
• (ii) why the authority holder considers the stated measures are reasonable and practicable; and
• (iii) the period during which the authority holder will take the measures; and
• (iv) why the authority holder considers the stated period is reasonable for the purpose of securing the land.
• (i) the measures the authority holder will take to secure the land on which the environmental offset will be undertaken as a legally secured offset area; and
• (ii) why the authority holder considers the stated measures are reasonable and practicable; and
• (iii) the period during which the authority holder will take the measures; and
• (iv) why the authority holder considers the stated period is reasonable for the purpose of securing the land.

sec.9 Matters administering agency to consider— Act , s 19

For the Act , section 19 (1) (b) , this section prescribes matters to which the administering agency must consider. For an offset delivery plan given to the administering agency, the agency must consider the following matters— whether the plan satisfies the requirements of the Act , section 18 (4) ; whether an activity proposed to be taken under the plan is restricted or prohibited, or requires permission, under any law; the impact undertaking the environmental offset under the plan will, or is likely to, have on other prescribed environmental matters on the land on which the environmental offset will be undertaken. s 9 amd 2014 SL No. 295 s 8 (sec.9-ssec.1) For the Act , section 19 (1) (b) , this section prescribes matters to which the administering agency must consider. (sec.9-ssec.2) For an offset delivery plan given to the administering agency, the agency must consider the following matters— whether the plan satisfies the requirements of the Act , section 18 (4) ; whether an activity proposed to be taken under the plan is restricted or prohibited, or requires permission, under any law; the impact undertaking the environmental offset under the plan will, or is likely to, have on other prescribed environmental matters on the land on which the environmental offset will be undertaken.

• (a) whether the plan satisfies the requirements of the Act , section 18 (4) ;
• (b) whether an activity proposed to be taken under the plan is restricted or prohibited, or requires permission, under any law;
• (c) the impact undertaking the environmental offset under the plan will, or is likely to, have on other prescribed environmental matters on the land on which the environmental offset will be undertaken.

Declaration of environmental offset protection area

sec.10 Prescribed land— Act , s 30

For section 30 (8) of the Act , definition person with an interest in land , paragraph (c) , a forest consent area under the Forestry Act 1959 is prescribed. s 10 prev s 10 sub 2014 SL No. 295 s 9 amd 2017 SL No. 103 s 43 om 2020 SL No. 9 s 5 pres s 10 ins 2024 SL No. 196 s 5

Amending or revoking declaration of environmental offset protection area

sec.11 Amending declaration of environmental offset protection area— Act , s 33

This section applies if— a declaration of an environmental offset protection area was made under section 30 of the Act ; and the environmental offset agreement entered into under section 26 of the Act is varied by another environmental offset agreement (the later agreement ) under section 28 of the Act ; and the variation had the effect of increasing the area of land covered by the environmental offset agreement. The chief executive may, by written notice given to an owner of the area of land, amend the declaration of the environmental offset protection area related to the environmental offset agreement to show the new area covered by the later agreement. However, the chief executive must not amend the declaration of an environmental offset protection area unless the chief executive reasonably believes— the additional area by which the environmental offset protection area is to be increased may be used to deliver an environmental offset; and the later agreement and its offset delivery plan are designed to achieve a conservation outcome; and each person with an interest in the land within the additional area has consented to the declaration. (sec.11-ssec.1) This section applies if— a declaration of an environmental offset protection area was made under section 30 of the Act ; and the environmental offset agreement entered into under section 26 of the Act is varied by another environmental offset agreement (the later agreement ) under section 28 of the Act ; and the variation had the effect of increasing the area of land covered by the environmental offset agreement. (sec.11-ssec.2) The chief executive may, by written notice given to an owner of the area of land, amend the declaration of the environmental offset protection area related to the environmental offset agreement to show the new area covered by the later agreement. (sec.11-ssec.3) However, the chief executive must not amend the declaration of an environmental offset protection area unless the chief executive reasonably believes— the additional area by which the environmental offset protection area is to be increased may be used to deliver an environmental offset; and the later agreement and its offset delivery plan are designed to achieve a conservation outcome; and each person with an interest in the land within the additional area has consented to the declaration.

• (a) a declaration of an environmental offset protection area was made under section 30 of the Act ; and
• (b) the environmental offset agreement entered into under section 26 of the Act is varied by another environmental offset agreement (the later agreement ) under section 28 of the Act ; and
• (c) the variation had the effect of increasing the area of land covered by the environmental offset agreement.
• (a) the additional area by which the environmental offset protection area is to be increased may be used to deliver an environmental offset; and
• (b) the later agreement and its offset delivery plan are designed to achieve a conservation outcome; and
• (c) each person with an interest in the land within the additional area has consented to the declaration.

sec.12 Revoking declaration of environmental offset protection area— Act , s 33

This section applies if a declaration of an environmental offset protection area was made under section 30 of the Act . The chief executive may, by written notice given to an owner of the area of land, revoke the declaration if the chief executive reasonably considers— the declaration is not in the interests of the State having regard to the public interest; or the requirements of the environmental offset agreement and any relevant offset delivery plan for the environmental offset have been achieved; or both of the following apply to the area— there is a prescribed activity approved to be carried out in the area for which there is an environmental offset condition; the holder of the authority for the activity has entered into an agreed delivery arrangement in relation to providing an environmental offset for significant residual impacts to the area. (sec.12-ssec.1) This section applies if a declaration of an environmental offset protection area was made under section 30 of the Act . (sec.12-ssec.2) The chief executive may, by written notice given to an owner of the area of land, revoke the declaration if the chief executive reasonably considers— the declaration is not in the interests of the State having regard to the public interest; or the requirements of the environmental offset agreement and any relevant offset delivery plan for the environmental offset have been achieved; or both of the following apply to the area— there is a prescribed activity approved to be carried out in the area for which there is an environmental offset condition; the holder of the authority for the activity has entered into an agreed delivery arrangement in relation to providing an environmental offset for significant residual impacts to the area.

• (a) the declaration is not in the interests of the State having regard to the public interest; or
• (b) the requirements of the environmental offset agreement and any relevant offset delivery plan for the environmental offset have been achieved; or
• (c) both of the following apply to the area— (i) there is a prescribed activity approved to be carried out in the area for which there is an environmental offset condition; (ii) the holder of the authority for the activity has entered into an agreed delivery arrangement in relation to providing an environmental offset for significant residual impacts to the area.
• (i) there is a prescribed activity approved to be carried out in the area for which there is an environmental offset condition;
• (ii) the holder of the authority for the activity has entered into an agreed delivery arrangement in relation to providing an environmental offset for significant residual impacts to the area.
• (i) there is a prescribed activity approved to be carried out in the area for which there is an environmental offset condition;
• (ii) the holder of the authority for the activity has entered into an agreed delivery arrangement in relation to providing an environmental offset for significant residual impacts to the area.

Advanced offsets

sec.13 Definition for part

In this part— decision-maker means— for an area of land to be identified as an advanced offset for a matter of local environmental significance for which an environmental offset may be required under a local planning instrument—the relevant local government; or for an area of land to be identified as an advanced offset for a matter of State or national environmental significance for which an environmental offset may be required by the State—the chief executive. s 13 def decision-maker amd 2017 SL No. 103 s 44 (2) ; 2020 SL No. 9 s 6 State planning regulatory provision ... s 13 def State planning regulatory provision om 2017 SL No. 103 s 44 (3) s 13 amd 2014 SL No. 295 s 10 ; 2017 SL No. 103 s 44 (1)

• (a) for an area of land to be identified as an advanced offset for a matter of local environmental significance for which an environmental offset may be required under a local planning instrument—the relevant local government; or
• (b) for an area of land to be identified as an advanced offset for a matter of State or national environmental significance for which an environmental offset may be required by the State—the chief executive.

sec.14 Identification and registration of advanced offsets— Act , ss 90 (1) (b) and 93 (2) (b)

An owner of land may apply to the decision-maker in the approved form for an area of land to be identified as an advanced offset. In deciding the application, the decision-maker must have regard to any relevant environmental offsets policy. The decision-maker may— approve the identification of an area of land as an advanced offset; or approve the identification of part of an area of land as an advanced offset; or refuse the identification of an area of land as an advanced offset. As soon as practicable after the decision to approve the identification of an area of land as an advanced offset is made, the decision-maker must register the area as an advanced offset in the register kept under section 90 of the Act . If the decision-maker decides to refuse the application, the decision-maker must, as soon as practicable after making the decision, give the applicant an information notice about the decision. An owner of land may, at any time, apply to the decision-maker in the approved form for an area of land registered as an advanced offset to no longer be identified as an advanced offset and to be removed from the register. As soon as practicable after an application under subsection (6) is made, the decision-maker must ensure that the record for the advanced offset in the register kept under section 90 of the Act is removed. (sec.14-ssec.1) An owner of land may apply to the decision-maker in the approved form for an area of land to be identified as an advanced offset. (sec.14-ssec.2) In deciding the application, the decision-maker must have regard to any relevant environmental offsets policy. (sec.14-ssec.3) The decision-maker may— approve the identification of an area of land as an advanced offset; or approve the identification of part of an area of land as an advanced offset; or refuse the identification of an area of land as an advanced offset. (sec.14-ssec.4) As soon as practicable after the decision to approve the identification of an area of land as an advanced offset is made, the decision-maker must register the area as an advanced offset in the register kept under section 90 of the Act . (sec.14-ssec.5) If the decision-maker decides to refuse the application, the decision-maker must, as soon as practicable after making the decision, give the applicant an information notice about the decision. (sec.14-ssec.6) An owner of land may, at any time, apply to the decision-maker in the approved form for an area of land registered as an advanced offset to no longer be identified as an advanced offset and to be removed from the register. (sec.14-ssec.7) As soon as practicable after an application under subsection (6) is made, the decision-maker must ensure that the record for the advanced offset in the register kept under section 90 of the Act is removed.

• (a) approve the identification of an area of land as an advanced offset; or
• (b) approve the identification of part of an area of land as an advanced offset; or
• (c) refuse the identification of an area of land as an advanced offset.

sec.15 Amendment of registration of advanced offsets

An owner of land that has been registered under section 14 may, at any time, apply to the decision-maker in the approved form for a boundary of an area of land identified as an advanced offset to be amended. In deciding the application, the decision-maker must have regard to the environmental offsets policy. The decision-maker may, by written notice given to the owner— approve the application; or refuse the application. As soon as practicable after the decision to approve the application is made, the decision-maker must ensure that the record for the area of land identified as an advanced offset in the register kept under section 90 of the Act is amended. If the decision-maker decides to refuse the application, the decision-maker must, as soon as practicable after making the decision, give the applicant an information notice about the decision. (sec.15-ssec.1) An owner of land that has been registered under section 14 may, at any time, apply to the decision-maker in the approved form for a boundary of an area of land identified as an advanced offset to be amended. (sec.15-ssec.2) In deciding the application, the decision-maker must have regard to the environmental offsets policy. (sec.15-ssec.3) The decision-maker may, by written notice given to the owner— approve the application; or refuse the application. (sec.15-ssec.4) As soon as practicable after the decision to approve the application is made, the decision-maker must ensure that the record for the area of land identified as an advanced offset in the register kept under section 90 of the Act is amended. (sec.15-ssec.5) If the decision-maker decides to refuse the application, the decision-maker must, as soon as practicable after making the decision, give the applicant an information notice about the decision.

• (a) approve the application; or
• (b) refuse the application.

Review of decisions and appeals

Preliminary

sec.16 Definitions for pt 7

In this part— appellable decision means an internal review decision in relation to a reviewable decision that is— a decision under section 19 (2) of the Act , stated in a notice given under section 19 (3) of the Act , that relates to an offset condition imposed under a relevant Act; or a failure to give a notice under section 19 (3) of the Act within 40 business days after the administering agency receives the notice of election, in relation to an offset condition imposed under a relevant Act; or a failure by the administering agency to enter into an agreed delivery arrangement within the stated reasonable period under 19(3)(b) of the Act , in relation to an offset condition imposed under a relevant Act; or a decision mentioned in section 19A (5) , 25A (8) (a) or 95B (8) (a) of the Act in relation to an offset condition imposed under a relevant Act. s 16 def appellable decision sub 2014 SL No. 295 s 11 internal review decision means a decision made after an internal review of a reviewable decision to— confirm the reviewable decision; or amend the reviewable decision; or substitute another decision for the reviewable decision. relevant Act means the Environmental Protection Act 1994 or the Planning Act. s 16 def relevant Act ins 2014 SL No. 295 s 11 (2) amd 2017 SL No. 103 s 45 relevant entity means— for a reviewable decision that is a decision under section 19 (2) of the Act , stated in a notice given under section 19 (3) of the Act , that relates to an offset condition imposed under a relevant Act—the administering agency that made the decision; or for a reviewable decision that is a failure to give a notice under section 19 (3) of the Act within 40 business days after the administering agency receives the notice of election—the administering agency that failed to give the notice; or for a reviewable decision that is a failure by the administering agency to enter into an agreed delivery arrangement within the stated reasonable period under 19(3)(b) of the Act —the administering agency that failed to enter into an agreed delivery arrangement within that period; or for a reviewable decision that is a decision by a decision-maker under section 14 or 15 to refuse an application—the decision-maker that made the decision; or for a reviewable decision that is a decision mentioned in section 19A (5) , 25A (8) (a) or 95B (8) (a) of the Act —the administering agency that made the decision. s 16 def relevant entity sub 2014 SL No. 295 s 11 reviewable decision means— a decision under section 19 (2) of the Act , stated in a notice given under section 19 (3) of the Act , that relates to an offset condition imposed under a relevant Act; or a failure to give a notice under section 19 (3) of the Act within 40 business days after the administering agency receives the notice of election; or a failure by the administering agency to enter into an agreed delivery arrangement within the stated reasonable period under 19(3)(b) of the Act ; or a decision under section 14 or 15 to refuse an application; or a decision mentioned in section 19A (5) , 25A (8) (a) or 95B (8) (a) of the Act . s 16 def reviewable decision sub 2014 SL No. 295 s 11

• (a) a decision under section 19 (2) of the Act , stated in a notice given under section 19 (3) of the Act , that relates to an offset condition imposed under a relevant Act; or
• (b) a failure to give a notice under section 19 (3) of the Act within 40 business days after the administering agency receives the notice of election, in relation to an offset condition imposed under a relevant Act; or
• (c) a failure by the administering agency to enter into an agreed delivery arrangement within the stated reasonable period under 19(3)(b) of the Act , in relation to an offset condition imposed under a relevant Act; or
• (d) a decision mentioned in section 19A (5) , 25A (8) (a) or 95B (8) (a) of the Act in relation to an offset condition imposed under a relevant Act.
• (a) confirm the reviewable decision; or
• (b) amend the reviewable decision; or
• (c) substitute another decision for the reviewable decision.
• (a) for a reviewable decision that is a decision under section 19 (2) of the Act , stated in a notice given under section 19 (3) of the Act , that relates to an offset condition imposed under a relevant Act—the administering agency that made the decision; or
• (b) for a reviewable decision that is a failure to give a notice under section 19 (3) of the Act within 40 business days after the administering agency receives the notice of election—the administering agency that failed to give the notice; or
• (c) for a reviewable decision that is a failure by the administering agency to enter into an agreed delivery arrangement within the stated reasonable period under 19(3)(b) of the Act —the administering agency that failed to enter into an agreed delivery arrangement within that period; or
• (d) for a reviewable decision that is a decision by a decision-maker under section 14 or 15 to refuse an application—the decision-maker that made the decision; or
• (e) for a reviewable decision that is a decision mentioned in section 19A (5) , 25A (8) (a) or 95B (8) (a) of the Act —the administering agency that made the decision.
• (a) a decision under section 19 (2) of the Act , stated in a notice given under section 19 (3) of the Act , that relates to an offset condition imposed under a relevant Act; or
• (b) a failure to give a notice under section 19 (3) of the Act within 40 business days after the administering agency receives the notice of election; or
• (c) a failure by the administering agency to enter into an agreed delivery arrangement within the stated reasonable period under 19(3)(b) of the Act ; or
• (d) a decision under section 14 or 15 to refuse an application; or
• (e) a decision mentioned in section 19A (5) , 25A (8) (a) or 95B (8) (a) of the Act .

sec.16A Agreed delivery arrangement not entered into is taken to be reviewable decision

For section 19 (8) (c) of the Act , the fact that the entity and administering agency do not enter into an agreed delivery arrangement within the stated reasonable period is taken to be a reviewable decision. s 16A ins 2014 SL No. 295 s 12

Internal review

sec.17 Internal review process is first step

Every review of a reviewable decision must be, in the first instance, by way of an application for internal review.

sec.18 Requirements for making application

An application for internal review must— be in the approved form; and be made to the relevant entity within 20 business days after— for a reviewable decision for which an information notice is given—the day the applicant is given the information notice; or for a reviewable decision that is a failure to give a notice under section 19 (3) of the Act within 40 business days after the administering agency receives the notice of election—the day by which the notice should have been given; or for a reviewable decision that is a failure by the administering agency to enter into an agreed delivery arrangement within the stated reasonable period under 19(3)(b) of the Act —the end of the period; or for another reviewable decision—the day the applicant is notified of the decision; and be supported by enough information to enable the relevant entity to decide the application. The relevant entity may extend the time for applying for the internal review. s 18 amd 2014 SL No. 295 s 13 (sec.18-ssec.1) An application for internal review must— be in the approved form; and be made to the relevant entity within 20 business days after— for a reviewable decision for which an information notice is given—the day the applicant is given the information notice; or for a reviewable decision that is a failure to give a notice under section 19 (3) of the Act within 40 business days after the administering agency receives the notice of election—the day by which the notice should have been given; or for a reviewable decision that is a failure by the administering agency to enter into an agreed delivery arrangement within the stated reasonable period under 19(3)(b) of the Act —the end of the period; or for another reviewable decision—the day the applicant is notified of the decision; and be supported by enough information to enable the relevant entity to decide the application. (sec.18-ssec.2) The relevant entity may extend the time for applying for the internal review.

• (a) be in the approved form; and
• (b) be made to the relevant entity within 20 business days after— (i) for a reviewable decision for which an information notice is given—the day the applicant is given the information notice; or (ii) for a reviewable decision that is a failure to give a notice under section 19 (3) of the Act within 40 business days after the administering agency receives the notice of election—the day by which the notice should have been given; or (iii) for a reviewable decision that is a failure by the administering agency to enter into an agreed delivery arrangement within the stated reasonable period under 19(3)(b) of the Act —the end of the period; or (iv) for another reviewable decision—the day the applicant is notified of the decision; and
• (i) for a reviewable decision for which an information notice is given—the day the applicant is given the information notice; or
• (ii) for a reviewable decision that is a failure to give a notice under section 19 (3) of the Act within 40 business days after the administering agency receives the notice of election—the day by which the notice should have been given; or
• (iii) for a reviewable decision that is a failure by the administering agency to enter into an agreed delivery arrangement within the stated reasonable period under 19(3)(b) of the Act —the end of the period; or
• (iv) for another reviewable decision—the day the applicant is notified of the decision; and
• (c) be supported by enough information to enable the relevant entity to decide the application.
• (i) for a reviewable decision for which an information notice is given—the day the applicant is given the information notice; or
• (ii) for a reviewable decision that is a failure to give a notice under section 19 (3) of the Act within 40 business days after the administering agency receives the notice of election—the day by which the notice should have been given; or
• (iii) for a reviewable decision that is a failure by the administering agency to enter into an agreed delivery arrangement within the stated reasonable period under 19(3)(b) of the Act —the end of the period; or
• (iv) for another reviewable decision—the day the applicant is notified of the decision; and

sec.19 Internal review

If the relevant entity is satisfied the applicant has complied with section 18 , the relevant entity must, within 28 days after receiving the application— review the reviewable decision; and make an internal review decision. Within 14 days after making the internal review decision, the relevant entity must give the applicant— if the decision is an appellable decision—a notice stating— the applicant may appeal against the decision; and the period or time allowed for starting an appeal; and how to start an appeal; or otherwise—a notice complying with the QCAT Act , section 157 (2) about external review of the decision. If the relevant entity does not comply with subsection (1) or (2) , the relevant entity is taken to have made a decision confirming the reviewable decision. The application must not be dealt with by— the person who made the reviewable decision; or a person in a less senior office than the person who made the reviewable decision. Subsection (4) — applies despite the Acts Interpretation Act 1954 , section 27A ; and does not apply to a reviewable decision made by a chief executive. For the purpose of an application for external review— if the internal review decision confirms the reviewable decision—the reviewable decision is taken to be the internal review decision; or if the internal review decision amends the reviewable decision—the reviewable decision as amended is taken to be the internal review decision. (sec.19-ssec.1) If the relevant entity is satisfied the applicant has complied with section 18 , the relevant entity must, within 28 days after receiving the application— review the reviewable decision; and make an internal review decision. (sec.19-ssec.2) Within 14 days after making the internal review decision, the relevant entity must give the applicant— if the decision is an appellable decision—a notice stating— the applicant may appeal against the decision; and the period or time allowed for starting an appeal; and how to start an appeal; or otherwise—a notice complying with the QCAT Act , section 157 (2) about external review of the decision. (sec.19-ssec.3) If the relevant entity does not comply with subsection (1) or (2) , the relevant entity is taken to have made a decision confirming the reviewable decision. (sec.19-ssec.4) The application must not be dealt with by— the person who made the reviewable decision; or a person in a less senior office than the person who made the reviewable decision. (sec.19-ssec.5) Subsection (4) — applies despite the Acts Interpretation Act 1954 , section 27A ; and does not apply to a reviewable decision made by a chief executive. (sec.19-ssec.6) For the purpose of an application for external review— if the internal review decision confirms the reviewable decision—the reviewable decision is taken to be the internal review decision; or if the internal review decision amends the reviewable decision—the reviewable decision as amended is taken to be the internal review decision.

• (a) review the reviewable decision; and
• (b) make an internal review decision.
• (a) if the decision is an appellable decision—a notice stating— (i) the applicant may appeal against the decision; and (ii) the period or time allowed for starting an appeal; and (iii) how to start an appeal; or
• (i) the applicant may appeal against the decision; and
• (ii) the period or time allowed for starting an appeal; and
• (iii) how to start an appeal; or
• (b) otherwise—a notice complying with the QCAT Act , section 157 (2) about external review of the decision.
• (i) the applicant may appeal against the decision; and
• (ii) the period or time allowed for starting an appeal; and
• (iii) how to start an appeal; or
• (a) the person who made the reviewable decision; or
• (b) a person in a less senior office than the person who made the reviewable decision.
• (a) applies despite the Acts Interpretation Act 1954 , section 27A ; and
• (b) does not apply to a reviewable decision made by a chief executive.
• (a) if the internal review decision confirms the reviewable decision—the reviewable decision is taken to be the internal review decision; or
• (b) if the internal review decision amends the reviewable decision—the reviewable decision as amended is taken to be the internal review decision.

sec.20 Stay of operation of particular reviewable decisions

If an application is made for an internal review of any of the following reviewable decisions, the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the reviewable decision— a decision under section 19 (2) of the Act , stated in a notice given under section 19 (3) of the Act , that relates to an offset condition imposed under— the Marine Parks Act 2004 ; or the Nature Conservation Act 1992 ; or a decision mentioned in section 19A (5) , 25A (8) (a) or 95B (8) (a) of the Act in relation to an offset condition imposed under an Act mentioned in paragraph (a) ; or a decision made under section 14 or 15 to refuse an application. The application affects the reviewable decision, or carrying out of the decision, only if the decision is stayed. QCAT may stay the reviewable decision to secure the effectiveness of the internal review and any later application for external review. The stay— may be given on conditions the relevant entity considers appropriate; and operates for the period fixed by the relevant entity; and may be revoked or amended by the relevant entity. The period of the stay must not extend past the time when the relevant entity makes an internal review decision about the reviewable decision and any later period the relevant entity allows the applicant to enable the applicant to apply for an external review of the decision. s 20 amd 2014 SL No. 295 s 14 (sec.20-ssec.1) If an application is made for an internal review of any of the following reviewable decisions, the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the reviewable decision— a decision under section 19 (2) of the Act , stated in a notice given under section 19 (3) of the Act , that relates to an offset condition imposed under— the Marine Parks Act 2004 ; or the Nature Conservation Act 1992 ; or a decision mentioned in section 19A (5) , 25A (8) (a) or 95B (8) (a) of the Act in relation to an offset condition imposed under an Act mentioned in paragraph (a) ; or a decision made under section 14 or 15 to refuse an application. (sec.20-ssec.2) The application affects the reviewable decision, or carrying out of the decision, only if the decision is stayed. (sec.20-ssec.3) QCAT may stay the reviewable decision to secure the effectiveness of the internal review and any later application for external review. (sec.20-ssec.4) The stay— may be given on conditions the relevant entity considers appropriate; and operates for the period fixed by the relevant entity; and may be revoked or amended by the relevant entity. (sec.20-ssec.5) The period of the stay must not extend past the time when the relevant entity makes an internal review decision about the reviewable decision and any later period the relevant entity allows the applicant to enable the applicant to apply for an external review of the decision.

• (a) a decision under section 19 (2) of the Act , stated in a notice given under section 19 (3) of the Act , that relates to an offset condition imposed under— (i) the Marine Parks Act 2004 ; or (ii) the Nature Conservation Act 1992 ; or
• (i) the Marine Parks Act 2004 ; or
• (ii) the Nature Conservation Act 1992 ; or
• (b) a decision mentioned in section 19A (5) , 25A (8) (a) or 95B (8) (a) of the Act in relation to an offset condition imposed under an Act mentioned in paragraph (a) ; or
• (c) a decision made under section 14 or 15 to refuse an application.
• (i) the Marine Parks Act 2004 ; or
• (ii) the Nature Conservation Act 1992 ; or
• (a) may be given on conditions the relevant entity considers appropriate; and
• (b) operates for the period fixed by the relevant entity; and
• (c) may be revoked or amended by the relevant entity.

External reviews

sec.21 Applications for external review

A person who is given, or is entitled to be given, a notice under section 19 (2) (b) about a decision may apply, as provided under the QCAT Act , to QCAT for an external review of the decision.

Appeals to Land Court

sec.23 Who may appeal

A person who is given, or is entitled to be given, a notice under section 19 (2) (a) about an appellable decision in relation to an offset condition imposed under the Environmental Protection Act 1994 for a resource activity within the meaning of that Act may appeal the decision to the Land Court.

sec.24 How to start appeal

An appeal mentioned in section 23 is started by— filing written notice of appeal with the registrar of the Land Court; and complying with rules of court applicable to the appeal. The notice of appeal must state fully the grounds of the appeal and the facts relied on. Within 8 business days after filing the notice of appeal, the appellant must serve a copy of the notice on the administering agency. (sec.24-ssec.1) An appeal mentioned in section 23 is started by— filing written notice of appeal with the registrar of the Land Court; and complying with rules of court applicable to the appeal. (sec.24-ssec.2) The notice of appeal must state fully the grounds of the appeal and the facts relied on. (sec.24-ssec.3) Within 8 business days after filing the notice of appeal, the appellant must serve a copy of the notice on the administering agency.

• (a) filing written notice of appeal with the registrar of the Land Court; and
• (b) complying with rules of court applicable to the appeal.

sec.25 Appeal period

The notice of appeal must be filed within 22 business days after the day the appellant receives notice of the decision or the decision is taken to have been made. However, the Land Court may at any time extend the time for starting the appeal. (sec.25-ssec.1) The notice of appeal must be filed within 22 business days after the day the appellant receives notice of the decision or the decision is taken to have been made. (sec.25-ssec.2) However, the Land Court may at any time extend the time for starting the appeal.

sec.26 Hearing procedures

The procedure for an appeal is to be in accordance with the rules of court applicable to the appeal or, if the rules make no provision or insufficient provision, in accordance with directions of the judge. An appeal is by way of rehearing. (sec.26-ssec.1) The procedure for an appeal is to be in accordance with the rules of court applicable to the appeal or, if the rules make no provision or insufficient provision, in accordance with directions of the judge. (sec.26-ssec.2) An appeal is by way of rehearing.

sec.27 Land Court’s powers for appeal

In deciding the appeal, the Land Court has the same powers as the administering agency.

sec.28 Decision for appeals

In deciding the appeal, the Land Court may— confirm the decision; or set aside the decision and substitute another decision; or set aside the decision and return the matter to the administering agency who made the decision, with directions the Land Court considers appropriate. In setting aside or substituting the decision, the Land Court has the same powers as the administering agency unless otherwise expressly stated. However, this subdivision does not apply to a power exercised under subsection (2) . If the Land Court substitutes another decision, the substituted decision is taken to be that of the administering agency that made the relevant reviewable decision. (sec.28-ssec.1) In deciding the appeal, the Land Court may— confirm the decision; or set aside the decision and substitute another decision; or set aside the decision and return the matter to the administering agency who made the decision, with directions the Land Court considers appropriate. (sec.28-ssec.2) In setting aside or substituting the decision, the Land Court has the same powers as the administering agency unless otherwise expressly stated. (sec.28-ssec.3) However, this subdivision does not apply to a power exercised under subsection (2) . (sec.28-ssec.4) If the Land Court substitutes another decision, the substituted decision is taken to be that of the administering agency that made the relevant reviewable decision.

• (a) confirm the decision; or
• (b) set aside the decision and substitute another decision; or
• (c) set aside the decision and return the matter to the administering agency who made the decision, with directions the Land Court considers appropriate.

Appeals to Planning and Environment Court

sec.29 Who may appeal

A person who is given, or is entitled to be given, a notice under section 19 (2) (a) about an appellable decision in relation to an offset condition imposed under the Planning Act, or under the Environmental Protection Act 1994 for a prescribed environmentally relevant activity within the meaning of that Act, may appeal the decision to the Planning and Environment Court. s 29 amd 2017 SL No. 103 s 46

sec.30 How to start appeal

An appeal mentioned in section 29 is started by— filing written notice of appeal with the registrar of the Planning and Environment Court; and complying with rules of court applicable to the appeal. The notice of appeal must state fully the grounds of the appeal and the facts relied on. Within 8 business days after filing the notice of appeal, the appellant must serve a copy of the notice on the administering agency. (sec.30-ssec.1) An appeal mentioned in section 29 is started by— filing written notice of appeal with the registrar of the Planning and Environment Court; and complying with rules of court applicable to the appeal. (sec.30-ssec.2) The notice of appeal must state fully the grounds of the appeal and the facts relied on. (sec.30-ssec.3) Within 8 business days after filing the notice of appeal, the appellant must serve a copy of the notice on the administering agency.

• (a) filing written notice of appeal with the registrar of the Planning and Environment Court; and
• (b) complying with rules of court applicable to the appeal.

sec.31 Appeal period

The notice of appeal must be filed within 22 business days after the day the appellant receives notice of the decision or the decision is taken to have been made. However, the Planning and Environment Court may at any time extend the time for starting the appeal. (sec.31-ssec.1) The notice of appeal must be filed within 22 business days after the day the appellant receives notice of the decision or the decision is taken to have been made. (sec.31-ssec.2) However, the Planning and Environment Court may at any time extend the time for starting the appeal.

sec.32 Stay of operation of decisions

The Planning and Environment Court may grant a stay of a decision appealed against to secure the effectiveness of the appeal. A stay may be granted on conditions the Planning and Environment Court considers appropriate and has effect for the period stated by the Planning and Environment Court. The period of a stay must not extend past the time when the Planning and Environment Court decides the appeal. An appeal against a decision does not affect the operation or carrying out of the decision unless the decision is stayed. (sec.32-ssec.1) The Planning and Environment Court may grant a stay of a decision appealed against to secure the effectiveness of the appeal. (sec.32-ssec.2) A stay may be granted on conditions the Planning and Environment Court considers appropriate and has effect for the period stated by the Planning and Environment Court. (sec.32-ssec.3) The period of a stay must not extend past the time when the Planning and Environment Court decides the appeal. (sec.32-ssec.4) An appeal against a decision does not affect the operation or carrying out of the decision unless the decision is stayed.

sec.33 Hearing procedures

The procedure for an appeal is to be in accordance with the rules of court applicable to the appeal or, if the rules make no provision or insufficient provision, in accordance with directions of the judge. An appeal is by way of rehearing. (sec.33-ssec.1) The procedure for an appeal is to be in accordance with the rules of court applicable to the appeal or, if the rules make no provision or insufficient provision, in accordance with directions of the judge. (sec.33-ssec.2) An appeal is by way of rehearing.

sec.34 Powers of Planning and Environment Court on appeal

In deciding an appeal, the Planning and Environment Court may— confirm the decision appealed against; or vary the decision appealed against; or set aside the decision appealed against and make a decision in substitution for the decision set aside. If on appeal the Planning and Environment Court acts under subsection (1) (b) or (c) , the decision is taken to be that of the administering agency that made the relevant reviewable decision. (sec.34-ssec.1) In deciding an appeal, the Planning and Environment Court may— confirm the decision appealed against; or vary the decision appealed against; or set aside the decision appealed against and make a decision in substitution for the decision set aside. (sec.34-ssec.2) If on appeal the Planning and Environment Court acts under subsection (1) (b) or (c) , the decision is taken to be that of the administering agency that made the relevant reviewable decision.

• (a) confirm the decision appealed against; or
• (b) vary the decision appealed against; or
• (c) set aside the decision appealed against and make a decision in substitution for the decision set aside.

Miscellaneous

sec.35 Register to be kept by each administering agency— Act , s 90

For the Act , section 90 (1) (b) , the following matters are prescribed as other matters an administering agency must keep a register about— information about each area of land identified as an advanced offset, including— particulars sufficient to identify the area; and a description of each matter of environmental significance relevant to the area; and the administering agency’s reference number for the area; information about each legally secured offset area, including— particulars sufficient to identify the area; and a description of each matter of environmental significance relevant to the area; and the administering agency’s reference number for the area; the date of any declaration of an environmental offset protection area made under the Act , section 30 ; for each notice given under the Act , section 18 (2) (a) —whether the authority holder has elected to deliver an offset condition by— a proponent-driven offset; or a financial settlement offset; or a combination of a proponent-driven offset and a financial settlement offset; for each financial settlement offset—the amount paid by the proponent.

• (a) information about each area of land identified as an advanced offset, including— (i) particulars sufficient to identify the area; and (ii) a description of each matter of environmental significance relevant to the area; and (iii) the administering agency’s reference number for the area;
• (i) particulars sufficient to identify the area; and
• (ii) a description of each matter of environmental significance relevant to the area; and
• (iii) the administering agency’s reference number for the area;
• (b) information about each legally secured offset area, including— (i) particulars sufficient to identify the area; and (ii) a description of each matter of environmental significance relevant to the area; and (iii) the administering agency’s reference number for the area;
• (i) particulars sufficient to identify the area; and
• (ii) a description of each matter of environmental significance relevant to the area; and
• (iii) the administering agency’s reference number for the area;
• (c) the date of any declaration of an environmental offset protection area made under the Act , section 30 ;
• (d) for each notice given under the Act , section 18 (2) (a) —whether the authority holder has elected to deliver an offset condition by— (i) a proponent-driven offset; or (ii) a financial settlement offset; or (iii) a combination of a proponent-driven offset and a financial settlement offset;
• (i) a proponent-driven offset; or
• (ii) a financial settlement offset; or
• (iii) a combination of a proponent-driven offset and a financial settlement offset;
• (e) for each financial settlement offset—the amount paid by the proponent.
• (i) particulars sufficient to identify the area; and
• (ii) a description of each matter of environmental significance relevant to the area; and
• (iii) the administering agency’s reference number for the area;
• (i) particulars sufficient to identify the area; and
• (ii) a description of each matter of environmental significance relevant to the area; and
• (iii) the administering agency’s reference number for the area;
• (i) a proponent-driven offset; or
• (ii) a financial settlement offset; or
• (iii) a combination of a proponent-driven offset and a financial settlement offset;

sec.36 Administering agency to apply to for removal of particular duplicate offset condition

Each of the following is prescribed for section 25A (3) (b) (i) of the Act — if the offset condition the authority holder is seeking to remove relates to a protected plant that is critically endangered wildlife, endangered wildlife or vulnerable wildlife under the Nature Conservation Act 1992 —the administering agency that imposed the offset condition, other than the agency that imposed the offset condition under a protected plant clearing permit granted under the Nature Conservation (Plants) Regulation 2020 ; if the offset condition the authority holder is seeking to remove relates to a protected area under the Nature Conservation Act 1992 —the administering agency that imposed the offset condition, other than the agency that imposed the offset condition for an authority mentioned in schedule 1 , item 4; if the offset condition the authority holder is seeking to remove relates to a marine park under the Marine Parks Act 2004 —the administering agency that imposed the offset condition, other than the agency that imposed the offset condition on a permission granted under the Marine Parks Regulation 2017 ; if the offset condition the authority holder is seeking to remove relates to koalas—the administering agency that imposed the condition, other than the agency that imposed the condition under State code 25 (Development in South East Queensland koala habitat areas) of the State development assessment provisions. For subsection (1) (d) , an offset condition relates to koalas if the condition relates to— a matter of State environmental significance mentioned in schedule 2 , section 2 (3) (b) that is an area of essential habitat on the essential habitat map for koalas; or a matter of State environmental significance mentioned in schedule 2 , section 6 (3) ; or a matter of State environmental significance mentioned in schedule 2 , section 6 (4) that is a habitat for a koala. s 36 ins 2014 SL No. 295 s 15 amd 2017 SL No. 103 s 47 ; 2017 SL No. 154 s 199 sch 7 ; 2020 SL No. 9 s 7 ; 2020 SL No. 137 s 229 sch 6 (sec.36-ssec.1) Each of the following is prescribed for section 25A (3) (b) (i) of the Act — if the offset condition the authority holder is seeking to remove relates to a protected plant that is critically endangered wildlife, endangered wildlife or vulnerable wildlife under the Nature Conservation Act 1992 —the administering agency that imposed the offset condition, other than the agency that imposed the offset condition under a protected plant clearing permit granted under the Nature Conservation (Plants) Regulation 2020 ; if the offset condition the authority holder is seeking to remove relates to a protected area under the Nature Conservation Act 1992 —the administering agency that imposed the offset condition, other than the agency that imposed the offset condition for an authority mentioned in schedule 1 , item 4; if the offset condition the authority holder is seeking to remove relates to a marine park under the Marine Parks Act 2004 —the administering agency that imposed the offset condition, other than the agency that imposed the offset condition on a permission granted under the Marine Parks Regulation 2017 ; if the offset condition the authority holder is seeking to remove relates to koalas—the administering agency that imposed the condition, other than the agency that imposed the condition under State code 25 (Development in South East Queensland koala habitat areas) of the State development assessment provisions. (sec.36-ssec.2) For subsection (1) (d) , an offset condition relates to koalas if the condition relates to— a matter of State environmental significance mentioned in schedule 2 , section 2 (3) (b) that is an area of essential habitat on the essential habitat map for koalas; or a matter of State environmental significance mentioned in schedule 2 , section 6 (3) ; or a matter of State environmental significance mentioned in schedule 2 , section 6 (4) that is a habitat for a koala.

• (a) if the offset condition the authority holder is seeking to remove relates to a protected plant that is critically endangered wildlife, endangered wildlife or vulnerable wildlife under the Nature Conservation Act 1992 —the administering agency that imposed the offset condition, other than the agency that imposed the offset condition under a protected plant clearing permit granted under the Nature Conservation (Plants) Regulation 2020 ;
• (b) if the offset condition the authority holder is seeking to remove relates to a protected area under the Nature Conservation Act 1992 —the administering agency that imposed the offset condition, other than the agency that imposed the offset condition for an authority mentioned in schedule 1 , item 4;
• (c) if the offset condition the authority holder is seeking to remove relates to a marine park under the Marine Parks Act 2004 —the administering agency that imposed the offset condition, other than the agency that imposed the offset condition on a permission granted under the Marine Parks Regulation 2017 ;
• (d) if the offset condition the authority holder is seeking to remove relates to koalas—the administering agency that imposed the condition, other than the agency that imposed the condition under State code 25 (Development in South East Queensland koala habitat areas) of the State development assessment provisions.
• (a) a matter of State environmental significance mentioned in schedule 2 , section 2 (3) (b) that is an area of essential habitat on the essential habitat map for koalas; or
• (b) a matter of State environmental significance mentioned in schedule 2 , section 6 (3) ; or
• (c) a matter of State environmental significance mentioned in schedule 2 , section 6 (4) that is a habitat for a koala.

Transitional provisions for Nature Conservation and Other Legislation (Koala Protection) Amendment Regulation 2020

sec.37 Definitions for part

In this part— amendment regulation means the Nature Conservation and Other Legislation (Koala Protection) Amendment Regulation 2020 . former , in relation to a provision, means the provision as in force from time to time before the provision was amended or repealed under the amendment regulation. s 37 prev 37 ins 2014 SL No. 295 s 15 amd 2017 SL No. 103 s 48 om 2020 SL No. 9 s 8 pres s 37 ins 2020 SL No. 9 s 9

sec.38 Offset conditions imposed on particular authorities

Former section 10 and former schedules 1 and 2 continue to apply in relation to an offset condition imposed on the following authorities as if the amendment regulation had not commenced— an authority given before the commencement; an authority given after the commencement for an application to which the Planning Regulation 2017 , section 73 applies. s 38 ins 2020 SL No. 9 s 9

• (a) an authority given before the commencement;
• (b) an authority given after the commencement for an application to which the Planning Regulation 2017 , section 73 applies.

sec.39 Particular applications and decisions about advanced offsets

Former part 6 continues to apply in relation to an application that was made under former section 14(1) or (6) or 15(1), but not decided, before the commencement as if the amendment regulation had not commenced. Former parts 6 and 7 continue to apply in relation to a decision made under former section 14(3) or 15(3) before or after the commencement as if the amendment regulation had not commenced. s 39 ins 2020 SL No. 9 s 9 (sec.39-ssec.1) Former part 6 continues to apply in relation to an application that was made under former section 14(1) or (6) or 15(1), but not decided, before the commencement as if the amendment regulation had not commenced. (sec.39-ssec.2) Former parts 6 and 7 continue to apply in relation to a decision made under former section 14(3) or 15(3) before or after the commencement as if the amendment regulation had not commenced.

sec.40 Dealing with land registered as advanced offsets by local governments

This section applies if— before or after the commencement, a local government registers an area of land as an advanced offset in the register kept by the local government under section 90 of the Act ; and the land is an advanced offset for a matter other than a matter for which an environmental offset may be required under a local planning instrument. On or after the commencement, the owner of the land may apply to the local government in the approved form— for the area to no longer be identified as an advanced offset and to be removed from the register; or to amend a boundary of the area. Former parts 6 and 7 apply in relation to the application as if— for an application made under subsection (2)(a)—the application were made under former section 14(6); or for an application made under subsection (2)(b)—the application were made under former section 15(1). s 40 ins 2020 SL No. 9 s 9 (sec.40-ssec.1) This section applies if— before or after the commencement, a local government registers an area of land as an advanced offset in the register kept by the local government under section 90 of the Act ; and the land is an advanced offset for a matter other than a matter for which an environmental offset may be required under a local planning instrument. (sec.40-ssec.2) On or after the commencement, the owner of the land may apply to the local government in the approved form— for the area to no longer be identified as an advanced offset and to be removed from the register; or to amend a boundary of the area. (sec.40-ssec.3) Former parts 6 and 7 apply in relation to the application as if— for an application made under subsection (2)(a)—the application were made under former section 14(6); or for an application made under subsection (2)(b)—the application were made under former section 15(1).

• (a) before or after the commencement, a local government registers an area of land as an advanced offset in the register kept by the local government under section 90 of the Act ; and
• (b) the land is an advanced offset for a matter other than a matter for which an environmental offset may be required under a local planning instrument.
• (a) for the area to no longer be identified as an advanced offset and to be removed from the register; or
• (b) to amend a boundary of the area.
• (a) for an application made under subsection (2)(a)—the application were made under former section 14(6); or
• (b) for an application made under subsection (2)(b)—the application were made under former section 15(1).

sec.41 Removing particular duplicate conditions

Former section 36 continues to apply to in relation to an offset condition imposed on the following authorities as if the amendment regulation had not commenced— an authority given before the commencement; an authority given after the commencement for an application to which the Planning Regulation 2017 , section 73 applies. s 41 ins 2020 SL No. 9 s 9

• (a) an authority given before the commencement;
• (b) an authority given after the commencement for an application to which the Planning Regulation 2017 , section 73 applies.

sec.42 Existing applications for authorities

Former section 37 and former schedules 1 and 2 continue to apply in relation to an application for an authority that was made, but not decided, before the commencement as if the amendment regulation had not commenced. s 42 ins 2020 SL No. 9 s 9