Queensland Consolidated Acts

ENVIRONMENTAL OFFSETS ACT 2014 - SECT 15

15 Restriction on imposition of offset condition

(1) An administering agency may impose an offset condition on an authority only if—

(a) the same, or substantially the same, impact has not been assessed under a relevant Commonwealth Act; and

(b) the same, or substantially the same, prescribed environmental matter has not been assessed under a relevant Commonwealth Act.

(2) Subsection (1) applies whether or not the assessment resulted in the imposition of an offset condition.

(3) However, subsection (1) does not apply if the prescribed environmental matter to which the condition relates is a protected area.

(4) An administering agency that is a local government may impose an offset condition on an authority only for the following—

(a) a matter of local environmental significance;

(b) another prescribed environmental matter that is further prescribed by regulation as relevant for this subsection.

(5) In this section—

"relevant Commonwealth Act" means—

(a) the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) as a controlled action; or

(b) the Great Barrier Reef Marine Park Act 1975 (Cwlth) ; or

(c) another Commonwealth Act prescribed by regulation.