sec.5Prescribed environmental matters— Act , s 10

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 .