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ENVIRONMENTAL OFFSETS ACT 2014 - SECT 29
What is a legally secured offset area
(1) An area of land is a
"legally secured offset area" if— (a) the area is— (i) an
environmental offset protection area; or
(ii) an area declared as an area of
high nature conservation value under the Vegetation Management Act 1999 ,
section 19F ; or
(iii) another area prescribed under a regulation; and
(b)
under this Act or another Act, the area is subject to a delivery or management
plan or agreement (however described in this Act or the other Act) to achieve
a conservation outcome for a prescribed environmental matter.
(2) Also, an
area is a
"legally secured offset area" if, after an offset condition is imposed on an
authority— (a) the area is dedicated, or declared by regulation, as
mentioned in the Nature Conservation Act 1992 , section 29 (1) , 43D or 46 ;
and
(b) the area is subject to a delivery or management plan or agreement
(however described in the Nature Conservation Act 1992 ) to achieve a
conservation outcome for a prescribed environmental matter.
(3) Also, an area
is a
"legally secured offset area" if— (a) before the commencement of this Act, a
condition imposed on an authority under another Act (including a condition
imposed under the State Development Act ) required the establishment of the
area; and
(b) the area is of a type prescribed under a regulation as legally
secured for the purposes of the other Act.
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