Queensland Numbered Acts

ENVIRONMENTAL PROTECTION AND OTHER ACTS AMENDMENT ACT 2011 No. 3 - SECT 6

(1) Section 210(4), 'subsection (3)'—

omit, insert—

'subsection (7)'.

(2) Section 210(3) and (4)—

renumber as section 210(7) and (8).

(3) Section 210—

insert—

'(3) The administering authority may include in the draft a condition that requires or otherwise relates to an environmental offset (an environmental offset condition) if the administering authority is satisfied that all cost-effective on-site mitigation measures for the relevant mining activities have been, or will be, undertaken.

'(4) An environmental offset condition may require works or activities to be undertaken on land on which a relevant mining activity is carried out or on other land in the State.

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

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

(4) Section 210—

insert—

'(9) The applicant may enter into an agreement with the administering authority or another entity to establish the obligations, or secure the performance, of a party to the agreement about a condition.

'(10) In this section—

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

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