Queensland Numbered Acts

ENVIRONMENTAL PROTECTION AND OTHER ACTS AMENDMENT ACT 2011 No. 3 - SECT 23

After section 346—

insert—

'(1) This section applies to a condition that requires or otherwise relates to an environmental offset (an environmental offset condition).

'(2) An environmental offset condition may be imposed only if the concurrence agency or assessment manager is satisfied that all cost-effective on-site mitigation measures for the development have been, or will be, undertaken.

'(3) If the applicant has entered into an agreement about an environmental offset for this section, a condition may require the applicant to comply with the agreement.

'(4) A condition imposed under subsection (3)—

(a) is taken to comply with section 345; and

(b) is not invalid on the ground of being uncertain or lacking finality.

'(5) If an entity other than the applicant agrees, under an agreement mentioned in subsection (3), to carry out works required for the development, section 347(1)(c) does not apply to a condition stating that those works must be undertaken by the entity.

Note—

Also, under section 348, the applicant may enter into an agreement to establish the obligations, or secure the performance, of a party to the agreement about an environmental offset condition.

'(6) An environmental offset condition may require works or activities to be undertaken on land on which the development is undertaken or on other land in the State.

'(7) An environmental offset condition may require a monetary payment to an environmental offset trust.

'(8) In this section—

Balance the Earth Trust means the trust by that name established under a trust deed entered into by the State on 9 October 2009.

environmental offset means works or activities undertaken to counterbalance the impacts of a development on the natural environment.

environmental offset trust means the Balance the Earth Trust or another trust established to accept and manage amounts to fund the undertaking of works or activities to counterbalance the impacts of development or other activities on the natural environment.

natural environment—

(a) means living and non-living things that occur naturally at 1 or more places on Earth; and

(b) does not include amenity or aesthetic, cultural, economic or social conditions.

on-site mitigation measure, for a development, means a measure, undertaken on land to which the development relates, to avoid or minimise negative impacts of the development on the natural environment.'.