New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 295Q

295Q Regulations relating to green offsets

(1) The regulations may make provision for or with respect to green offset schemes or works, including provision for or with respect to the following matters--

(a) any of the elements referred to in section 295O or 295P,

(b) requirements for agreements or other arrangements relating to green offset schemes or works,

(c) criteria for activities that may be covered by a green offset scheme or works,

(d) inspection of premises at which a green offset scheme or works are carried out,

(e) the functions of a manager of a green offset scheme or works and accountability requirements for managers.

(2) The regulations must make provision for or with respect to the following matters--

(a) if appropriate criteria and methodologies are available, the criteria and methodologies for determining whether green offset schemes or works meet required outcomes specified in licence conditions,

(b) evaluation, on a periodic basis, of green offset schemes or works and publication of such evaluations.

(3) A green offset regulation is not repealed by the operation of Part 3 of the Subordinate Legislation Act 1989 .

(4) A green offset regulation may be periodically reviewed by the Minister, in accordance with a timetable set out in the regulation. Any such review must include a review of the operation of the elements referred to in section 295O or 295P.

(5) The Minister is to ensure that the public is given an opportunity to make submissions with respect to the review, and that any submissions with respect to the review that are received within the period allowed for the receipt of submissions are appropriately considered.

(6) In order to give the public an opportunity to make submissions with respect to the review, the Minister must--

(a) cause notice of the review to be published in the Gazette and in such other manner as the Minister is satisfied is likely to bring the notice to the attention of members of the public generally or in the locality in which any relevant green offset scheme operates or relevant green offset works are located, and

(b) in that notice, invite the public to make submissions with respect to the review, and

(c) allow a period of not less than 21 days for the receipt of those submissions.

(7) For the purposes of this section, a
"green offset regulation" is a regulation that contains only the following provisions--

(a) provisions that relate to green offset schemes or works (including any ancillary, consequential, savings or transitional provisions),

(b) provisions that deal with the citation and commencement of the regulation, or other provisions of a machinery nature.

(8) This section does not limit the generality of section 295.