ENVIRONMENTAL OFFSETS ACT 2014 - SECT 10 What is a prescribed environmental matter and a matter of environmental significance

ENVIRONMENTAL OFFSETS ACT 2014 - SECT 10

10 What is a prescribed environmental matter and a matter of environmental significance

(1) A
"prescribed environmental matter" is any of the following matters prescribed under a regulation to be a prescribed environmental matter—

(a) a matter of national environmental significance;

(b) a matter of State environmental significance;

(c) a matter of local environmental significance.

(2) The prescription of a prescribed environmental matter may be made by reference to a matter declared, defined, designated, established, listed, prescribed or otherwise described under this Act or another Act.

Examples for subsection (2)—

• a fish habitat area declared under the Fisheries Act 1994

• a marine conservation park zone established under a zoning plan for a State marine park under the Marine Parks Act 2004

• vulnerable wildlife prescribed under the Nature Conservation Act 1992

(3) A regulation may only prescribe a matter of national environmental significance to be a prescribed environmental matter if—

(a) it is a matter of national environmental significance under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , chapter 2 ; and

(b) it is, or may be, the subject of an approval for the taking of an action or class of actions in relation to the matter under section 46 or 146B of that Act.