Queensland Numbered Acts

ENVIRONMENTAL OFFSETS ACT 2014 NO. 33

TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
   1.      Short title
   2.      Commencement
           Part 2--Purpose and application of Act
   3.      Purpose and achievement
   4.      Act binds all persons
   5.      Relationship with particular Acts
           Part 3--Interpretation
           Division 1--Dictionary
   6.      Definitions
           Division 2--Key concepts and definitions
   7.      What is an offset condition and an environmental offset
   8.      What is a significant residual impact
   9.      What is a prescribed activity
   10.     What is a prescribed environmental matter and a matter of environmental significance
   11.     Conservation outcome achieved by environmental offset
           Part 4--Environmental offsets policies
   12.     What is an environmental offsets policy
   13.     Content of environmental offsets policy
           Part 5--Imposing offset conditions
   14.     Imposing offset condition
   15.     Restriction on imposition of offset condition
           Part 6--Requirements about offset conditions
           Division 1--Deemed conditions
   16.     Conditions that apply under this Act to authority
   17.     Contravention of deemed condition
           Division 2--Election before starting prescribed activity
   18.     Election about delivery of offset condition
   19.     Reaching agreement about delivery
           Division 3--Amending agreements after prescribed activity starts
   20.     Amending agreement after prescribed activity starts
           Division 4--Proponent-driven offsets
   21.     What is a proponent-driven offset
   22.     Requirement for proponent-driven offset
           Division 5--Financial settlement offsets
   23.     What is a financial settlement offset
   24.     Requirements for financial settlement offsets
           Division 6--Further condition about legally secured offset areas
   25.     Impacts on legally secured offset area
           Part 7--Environmental offset agreements
   26.     Environmental offset agreement
   27.     Duration of environmental offset agreement
   28.     Variation etc. of environmental offset agreement
           Part 8--Legally secured offset areas
   29.     What is a legally secured offset area
   30.     Declaration of environmental offset protection area
   31.     Recording of declared areas, etc.
   32.     Environmental offset agreement binding
   33.     Amending or revoking declaration
   34.     Updating or removing registry record
           Part 9--Compliance notices
   35.     Local government or chief executive may give compliance notice
   36.     Requirements for compliance notice
   37.     Offence relating to compliance notice
   38.     Review of decision to give compliance notice
   39.     Taking action
           Part 10--Investigation and enforcement
           Division 1--Preliminary
   40.     Definitions for pt 10
   41.     Enforcement officers under pt 10
   42.     Functions of enforcement officers
   43.     References to exercise of powers
   44.     Reference to document includes reference to reproductions from electronic document
           Division 2--General provisions about enforcement officers
           Subdivision 1--Appointment
   45.     Appointment and qualifications
   46.     Appointment conditions and limit on powers
   47.     When office ends
   48.     Resignation
           Subdivision 2--Identity cards
   49.     Issue of identity card
   50.     Production or display of identity card
   51.     Return of identity card
           Division 3--Entry of places by enforcement officers
           Subdivision 1--Power to enter
   52.     General power to enter places
           Subdivision 2--Entry by consent
   53.     Application of sdiv 2
   54.     Incidental entry to ask for access
   55.     Matters enforcement officer must tell occupier
   56.     Consent acknowledgement
           Subdivision 3--Entry under warrant
   57.     Application for warrant
   58.     Issue of warrant
   59.     Electronic application
   60.     Additional procedure if electronic application
   61.     Defect in relation to a warrant
   62.     Entry procedure
           Division 4--Other powers and related matters
           Subdivision 1--General powers of enforcement officers after entering places
   63.     Application of sdiv 1
   64.     General powers
   65.     Power to require reasonable help
   66.     Offence to contravene help requirement
           Subdivision 2--Other information-obtaining powers of enforcement officers
   67.     Power to require name and address
   68.     Offence to contravene personal details requirement
   69.     Power to require information
   70.     Offence to contravene information requirement
           Division 5--Miscellaneous provisions relating to enforcement officers
           Subdivision 1--Damage
   71.     Duty to avoid inconvenience and minimise damage
   72.     Notice of damage
           Subdivision 2--Compensation
   73.     Compensation
           Subdivision 3--Other offences relating to enforcement officers
   74.     Giving enforcement officer false or misleading information
   75.     Obstructing enforcement officer
   76.     Impersonating enforcement officer
           Subdivision 4--Other provisions
   77.     Evidential immunity for individuals complying with particular requirements
           Division 6--Legal proceedings
   78.     Summary proceedings for offence
   79.     Limitation on time for starting proceeding
   80.     Evidentiary aids generally
   81.     Responsibility for acts or omissions of representatives
           Part 11--Amounts received as financial settlement offsets etc.
           Division 1--Amounts received by the department
   82.     Application of div 1
   83.     Establishment of offset account
   84.     Object of offset account
   85.     Payment of amounts into offset account
   86.     Payment of amounts from offset account
   87.     Administration of offset account
           Division 2--Payments received by a local government
   88.     Application of div 2
   89.     Payment of amounts into and from trust fund
           Part 12--General
   90.     Register to be kept by each administering agency
   91.     Delegation by chief executive
   92.     Approved forms
   93.     Regulation-making power
           Part 13--Transitional provisions
   94.     Definitions for pt 13
   95.     Application of this Act or existing Act
   96.     Transitional regulation-making power
           Part 14--Amendment of Coastal Protection and Management Act 1995
   97.     Act amended
   98.     Insertion of new s 201A
           99. Insertion of new ch 6, pt 7
   100.    Amendment of schedule (Dictionary)
           Part 15--Amendment of Currumbin Bird Sanctuary Act 1976
   101.    Act amended
   102.    Insertion of new ss 14 and 15
           Part 16--Amendment of Duties Act 2001
   103.    Act amended
   104.    Amendment of s 141 (Exemption—particular statutory bodies)
   105.    Amendment of s 285 (Exemption—mortgages under particular Acts)
           Part 17--Amendment of Environmental Protection Act 1994
   106.    Act amended
   107.    Amendment of s 39 (Other definitions)
   108.    Amendment of s 168 (When decision must be made—generally)
   109.    Amendment of s 173 (When particular applications must be refused)
   110.    Amendment of s 185 (Referral to Land Court)
   111.    Amendment of s 202 (Environmental authority includes conditions)
   112.    Amendment of s 207 (Conditions that may be imposed)
   113.    Amendment of s 209 (Environmental offset conditions)
   114.    Amendment of s 318 (Making eligibility criteria)
   115.    Insertion of new ch 13, pt 20
   116.    Amendment of sch 4 (Dictionary)
           Part 18--Amendment of Fisheries Act 1994
   117.    Act amended
   118.    Amendment of s 76IA (Environmental offset conditions)
   119.    Amendment of s 117 (Fisheries Research Fund)
   120.    Insertion of new pt 12, div 8
           Part 19--Amendment of Marine Parks Act 2004
   121.    Act amended
   122.    Amendment of s 49 (Noncompliance with conditions of an authority)
   123.    Insertion of new ss 151A and 151B
           124. Insertion of new pt 13
           Part 20--Amendment of National Trust of Queensland Act 1963
   125.    Act amended
   126.    Amendment of s 2 (Definitions)
   127.    Insertion of new pt 3A
   128.    Insertion of new pt 5
           Part 21--Amendment of Nature Conservation Act 1992
   129.    Act amended
   130.    Insertion of new ss 66 and 66A
   131.    Insertion of new pt 5, div 9
   132.    Insertion of new pt 12, div 6
           Part 22--Amendment of Queensland Heritage Act 1992
   133.    Act amended
   134.    Amendment of s 10 (Membership of council)
   135.    Insertion of new pt 15, div 4
   136.    Omission of pt 15, div 4
           Part 23--Amendment of Sustainable Planning Act 2009
   137.    Act amended
   138.    Amendment of s 244 (Development approval includes conditions)
   139.    Amendment of s 346A (Environmental offset conditions)
   140.    Insertion of new s 346B
           141. Insertion of new ch 10, pt 10
   142.    Amendment of sch 3 (Dictionary)
           Part 24--Amendment of Vegetation Management Act 1999
   143.    Act amended
   144.    Omission of pt 2, div 2A, sdiv 2
   145.    Amendment of s 19L (Ending declaration)
   146.    Omission of pt 2, div 6A
   147.    Insertion of new pt 6, div 10
   148.    Amendment of schedule (Dictionary)
           Part 25--Minor amendments
   149.    Act amended
           Part 26--Consequential amendments of Environmental Offsets Act 2014
   150.    Amendment of long title
           SCHEDULE 1 -- MINOR AMENDMENTS
           SCHEDULE 2 -- DICTIONARY