247Draft offset management plan—proponent to prepare

247 Draft offset management plan—proponent to prepare (1) If an offset condition for a development approval requires the proponent to have an offset management plan for the offset, the proponent must prepare a draft offset management plan for the offset. (2) The draft offset management plan must— (a) identify the land to which it applies; and (b) include a plan describing how the offset may be achieved; and (c) if the offset management plan will not apply to leased land, unleased land or public land—identify the offset manager for the offset management plan; and (d) include provisions about— (i) how the effectiveness of the plan is to be monitored; and (ii) when the plan is to be reviewed; and

(e) include any matters prescribed by regulation. (3) The draft offset management plan may— (a) state the term of the offset management plan; and Note If no term is stated, the offset management plan expires when the development approval, including the offset condition requiring the offset management plan, ends (see s 254). Otherwise the offset management plan operates indefinitely. (b) apply, adopt or incorporate an instrument as in force from time to time. Note The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). (4) In preparing a draft offset management plan, the proponent must consult the following entities and seek their written agreement to the draft offset management plan: (a) the conservator of flora and fauna; (b) if the offset management plan will apply to leased land—the lessee of the land (unless the lessee is the proponent); (c) if the offset management plan will apply to unleased land or public land—the custodian of the land.