Planning Act 2023
244Meaning of offset condition
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244 Meaning of offset condition offset condition, for a development approval, means a condition— (a) identifying a protected matter that is likely to suffer a significant adverse environmental impact from the development; and (b) requiring an offset to compensate for the likely impact of the development on the protected matter. (2) An offset condition for a development approval may include a requirement that the proponent of the development have an offset management plan for the offset. (3) Also, an offset condition for a development approval may include a requirement that— (a) if the offset land is not the land to which the approval applies— the lease for the offset land be subject to a condition requiring the lessee of the offset land to comply with an offset management plan for the offset; and Note To satisfy an offset condition with this kind of requirement, another development approval may be needed to vary the lease for the offset land to include a condition on the lease for the offset land that the lessee must comply with the offset management plan.
(b) if the offset will be on public land— (i) a new public land management plan for the land be prepared, including stated matters; or (ii) an existing public land management plan for the land be varied in a stated way; and (c) if the offset is to be on land described in a rural lease— (i) a new land management agreement for the land be prepared, including stated matters; or (ii) an existing land management agreement for the land be varied in a stated way. offset land, for an offset, means the land on which the offset is to be located.