Queensland Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ENVIRONMENTAL PROTECTION AND OTHER ACTS AMENDMENT ACT 2011 No. 3 - SECT 7

7 Amendment of s 305 (Conditions that may be made)

(1) Section 305(2)(d)—

renumber as section 305(2)(e).

(2) Section 305(2)—

insert—

'(d) if the entity doing or making the relevant act is satisfied that all cost-effective on-site mitigation measures for an authorised activity have been, or will be, undertaken—include a condition requiring or otherwise relating to an environmental offset (an environmental offset condition); or'.

(3) Section 305—

insert—

'(5) An environmental offset condition may require works or activities to be undertaken on land on which an authorised activity is carried out or on other land in the State.

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

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

'(8) The environmental authority holder may enter into an agreement with the entity doing or making the relevant act or another entity to establish the obligations, or secure the performance, of a party to the agreement about a condition.

'(9) A reference in subsection (7) or (8) to the holder of an environmental authority entering into an agreement includes the holder entering into an agreement before the authority is granted.

'(10) In this section—

authorised activity means an activity carried out under the environmental authority to which the relevant act relates.

environmental offset means works or activities undertaken to counterbalance the impacts of an authorised activity on the natural environment.

on-site mitigation measure, for an authorised 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.'.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback