Queensland Consolidated Acts

ENVIRONMENTAL OFFSETS ACT 2014

- As at 22 July 2024
- Act 33 of 2014

TABLE OF PROVISIONS

           Long Title

   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

   13A.    Definition for pt 5
   13B.    What this part is about
   14.     Imposing offset condition
   15.     Restriction on imposition of offset condition

   PART 6 - REQUIREMENTS ABOUT ENVIRONMENTAL OFFSETS

           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.     Electing how to deliver environmental offset
   19.     Agreed delivery arrangements
   19A.    Agreed delivery arrangement before authority granted
   19B.    Deemed condition for agreed delivery arrangement

           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

           Division 7 - Miscellaneous

   25AA.   Planning chief executive may nominate person to perform functions

   PART 6A - WHEN OFFSET CONDITIONS STOP APPLYING

   25A.    Removing duplicate conditions

   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
   95A.    Undecided applications for authorities
   95B.    Amendment of existing authorities
   96.     (Repealed)
           SCHEDULE 2