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

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.