Queensland Consolidated Acts

ENVIRONMENTAL OFFSETS ACT 2014 - SECT 26

26 Environmental offset agreement

(1) This section applies to the following administering agencies (each a
"relevant agency" )—

(a) if an environmental offset is to be delivered in a way that includes the payment of an amount from a local government’s trust fund—the local government;

(b) otherwise—the chief executive.

(2) A relevant agency may enter into an agreement (an
"environmental offset agreement" ) with any entity in relation to the delivery of the offset.

Note for subsection (2)—

Under the Acts Interpretation Act 1954 , entity, person and corporation are defined. The result is the State and each local government is an entity.

(3) An environmental offset agreement must contain each of the following—

(a) the period of the agreement;

(b) contact details for signatories to the agreement;

(c) if the agreement is to achieve a conservation outcome—the terms for achieving the outcome and a statement identifying those terms;

(d) any other matter required to be included in the agreement under a regulation for this section.

(4) A regulation may make provisions about environmental offset agreements, including, for example, any of the following—

(a) procedures for entering into an agreement;

(b) a prohibition or restriction on the use of an area the subject of an agreement;

(c) the entitlement of an entity to payments under an agreement;

(d) matters that may be considered by an administering agency in deciding if an entity is able to satisfy obligations under an agreement.