Environmental Offsets Regulation 2014
sec.12Revoking declaration of environmental offset protection area— Act , s 33
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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;