ENVIRONMENTAL OFFSETS ACT 2014 - SECT 19 Agreed delivery arrangements

ENVIRONMENTAL OFFSETS ACT 2014 - SECT 19

19 Agreed delivery arrangements

(1) After receiving a notice of election, the administering agency must consider the election and any offset delivery plan, including by considering—

(a) each relevant environmental offsets policy; and

(b) any other matter prescribed by regulation for this section.

(2) The administering agency must decide whether it is appropriate to deliver the environmental offset in the way stated in the notice of election, and any offset delivery plan, or whether the offset should be delivered in a different way.

(3) The administering agency must give the entity a notice that states—

(a) the way in which the environmental offset is required to be delivered; and

(b) the entity is required to enter into an agreed delivery arrangement within a stated reasonable period; and

(c) that the entity may apply for a review of the decision; and

(d) how and when the entity may apply for a review of the decision.

(4) An
"agreed delivery arrangement" is an agreement between an entity and the administering agency about the entity’s delivery of an environmental offset, with reference to any offset delivery plan.

(5) An agreed delivery arrangement may be entered into before or after the authority is granted.

Note—

However, see section 19A for when an agreed delivery arrangement is entered into before the authority is granted.

(6) If the administering agency fails to give notice under subsection (3) within 40 business days after receiving the notice of election, the entity may apply for a review of the failure to give the notice, in the way provided for under subsection (8) .

(7) The entity and administering agency may amend either or both of the following—

(a) the agreed delivery arrangement;

(b) an offset delivery plan;

by entering into another agreed delivery arrangement before the entity starts the relevant prescribed activity, or the relevant stage of a prescribed activity.

(8) A regulation may provide for—

(a) a review of a decision to require an environmental offset to be delivered in a way that differs from the way stated in a notice of election; or

(b) a review of a failure to give a notice under subsection (3) within 40 business days after the administering agency receives the notice of election; or

(c) what happens if the entity and administering agency do not enter into an agreed delivery arrangement within the stated reasonable period; or

(d) a dispute resolution process.