ENVIRONMENTAL OFFSETS ACT 2014 - SECT 8 What is a significant residual impact

ENVIRONMENTAL OFFSETS ACT 2014 - SECT 8

8 What is a significant residual impact

(1) Generally, a
"significant residual impact" is an adverse impact, whether direct or indirect, of a prescribed activity on all or part of a prescribed environmental matter that—

(a) remains, or will or is likely to remain, (whether temporarily or permanently) despite on-site mitigation measures for the prescribed activity; and

(b) is, or will or is likely to be, significant.

(2) If a prescribed environmental matter is a protected area and the adverse impact of the prescribed activity results, or will or is likely to result, in 1 or more of the following, for the purpose of subsection (1) (b) , the impact is significant—

(a) the authorised clearing or inundation of all or part of the protected area for the construction of private or publicly owned infrastructure on the area;

(b) the exclusion of, or reduction in, the public use or enjoyment of all or part of the protected area;

(c) a reduction in the natural or cultural values, within the meaning of the Nature Conservation Act 1992 , of all or part of the protected area.

(3) However, an impact as mentioned in subsection (2) is not a significant residual impact for the protected area if the prescribed activity is—

(a) conducted by an authorised person performing functions under the Nature Conservation Act 1992 ; and

(b) consistent with the management of the area under the Nature Conservation Act 1992 , section 15 .

(4) If a prescribed environmental matter is, or is in, a legally secured offset area and the adverse impact of the prescribed activity on all or part of the matter results, or will or is likely to result, in 1 or more of the following, for the purpose of subsection (1) (b) , the impact is significant—

(a) for the prescribed environmental matter for which the area was set aside for the purposes of an environmental offset—a use of the area that is inconsistent with how the environmental offset was or is required to be undertaken to achieve a conservation outcome for the prescribed environmental matter under a delivery or management plan or agreement (however described in this or another Act);

(b) for any other prescribed environmental matter in the area—a significant residual impact as mentioned in subsection (1) on the other prescribed environmental matter.

(5) For subsection (2) , a protected area does not include a nature refuge.

(6) To remove any doubt, it is declared that subsection (2) does not apply to a prescribed environmental matter in a protected area.