ENVIRONMENTAL OFFSETS ACT 2014 - SCHEDULE 2
ENVIRONMENTAL OFFSETS ACT 2014 - SCHEDULE 2
SCHEDULE 2 – Dictionary
"administering agency" —
(a) means—(i) in relation to an offset condition for a development approval for assessable development under the Planning Act —(A) if, under that Act, a referral agency may direct, or has directed, the assessment manager for the application for the development approval to impose the offset condition—the referral agency; or(B) if the planning chief executive has, under the Planning Act , schedule 2 , definition enforcement authority , paragraph (a) (iii) , nominated a person as an enforcement authority for the assessable development—the person; or(C) otherwise—the assessment manager for the application for the development approval; or(ii) in relation to an authority under any other Act—an entity that, under another Act, performs a function in relation to—(A) the grant of an authority for a prescribed activity; or(B) enforcing compliance with the conditions of an authority for a prescribed activity, or otherwise administering the authority; or(iii) for part 7 —an administering agency mentioned in section 26 (1) (a) or (b) ; and
(b) includes, for part 6 in relation to a development approval, a person nominated by the planning chief executive under section 25AA (2) for the development approval.
"agreed delivery arrangement" see sections 19 and 20 .
"agreed delivery arrangement" see section 19 (4) .
"appointing authority" , for part 10 , see section 40 .
"assessment manager" means an assessment manager under the Planning Act .
"authority" , under another Act, means—
(a) an agreement (however described) under the other Act; or
(b) a licence, permit or other authority (however described) under the other Act.
"authority holder" means the person who is, from time to time, the holder of an authority under another Act (however the holder is described under the other Act).
"Commonwealth condition" means a condition that may be imposed on a licence, permit or other authority under a relevant Commonwealth Act, the effect of which is equivalent to an offset condition.
"compliance notice" see section 35 (2) .
"conservation outcome" see section 11 .
"deemed condition" see section 16 .
"deliver" , in relation to an offset condition, means comply with the condition by delivering the relevant environmental offset.
"electronic document" ...
"enforcement officer" means a person who holds office under part 10 , division 1 as an enforcement officer.
"environmental offset" see section 7 (2) .
"environmental offset agreement" see section 26 .
"environmental offset protection area" means an area of land declared to be an environmental offset protection area under section 30 or 33 .
"environmental offsets policy" see section 12 .
"existing" , for part 5 , see section 13A .
"financial settlement offset" see section 23 .
"general power" see section 64 (1) .
"grant" , in relation to an authority under another Act, means—
(a) for an authority that is an agreement—enter (however described) the authority; or
(b) otherwise—approve, give, issue or otherwise grant (however described) the authority.
"help requirement" see section 65 (1) .
"identity card" , for a provision about enforcement officers, means an identity card issued under section 49 (1) .
"impose" , in relation to an offset condition—
(a) for an authority under another Act—means apply the offset condition (however the application is described in the other Act); and
(b) for an authority under the Planning Act —includes direct an assessment manager under that Act to impose an offset condition; and
(c) for an agreement entered into under another Act—means include the offset condition in the agreement.
"information requirement" see section 69 (3) .
"land" includes waters.
"land registrar" means the registrar of titles under the Land Title Act 1994 or another person responsible for keeping a register for dealings in land.
"later agreement" , for an environmental offset agreement, see section 28 (2) .
"legally secured offset area" see section 29 .
"local government condition" means an offset condition that may be imposed on an authority by a local government.
"matter of local environmental significance" means a matter prescribed to be a prescribed environmental matter under section 10 (1) (c) .
"nature refuge" see the Nature Conservation Act 1992 , schedule .
"notice" means a written notice.
"notice of election" means a notice mentioned in section 18 (2) by which an authority holder elects to deliver an environmental offset.
"occupier" , of a place, includes the following—
(a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;
(b) any person at or on the place who is apparently acting with the authority of a person who apparently occupies the place;
(c) if no-one apparently occupies the place—any person who is an owner of the place.
"of" , a place, includes at or on the place.
"offence warning" , for a direction or requirement by an enforcement officer, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction or requirement is made not to comply with it.
"offset account" see section 83 .
"offset condition" see section 7 (1) .
"offset delivery plan" see section 18 (3) .
"on-site mitigation measure" , for a prescribed activity, means a measure undertaken on land to which the prescribed activity relates, to avoid or minimise significant adverse impacts on prescribed environmental matters.
"owner" , of land, includes the following—
(a) for freehold land—the person recorded in the freehold land register as the person entitled to the fee simple interest in the land;
(b) for land held under a lease—the person who holds the lease;
(c) for trust land under the Land Act 1994 —the trustees of the land;
(d) for Aboriginal land under the Aboriginal Land Act 1991 —the persons to whom the land has been transferred or granted;
(e) for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 —the persons to whom the land has been transferred or granted;
(f) for a State-controlled road under the Transport Infrastructure Act 1994 —the chief executive of the department in which that Act is administered;
(g) for a road controlled by a local government under the Local Government Act 2009 —the local government;
(h) for other land prescribed under a regulation—the entity prescribed under a regulation for the land.
"personal details requirement" see section 67 (5) .
"person in control" , of a thing—
(a) if the thing is a vehicle, includes the following—(i) the vehicle’s driver or rider;(ii) anyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or
(b) otherwise—includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in possession or control of the thing.
"place" includes the following—
(a) premises;
(b) vacant land;
(c) a place in Queensland waters;
(d) a place held under more than 1 title or by more than 1 owner;
(e) the land or water where any of the following are situated—(i) a building or structure;(ii) a group of buildings or structures;(iii) a feature of land or water, including a feature that does not occur naturally.
"Planning Act" means the Planning Act 2016 .
"planning chief executive" means the chief executive of the department in which the Planning Act is administered.
"premises" includes—
(a) a building or other structure; and
(b) a part of a building or other structure; and
(c) a caravan or vehicle; and
(d) a cave or tent; and
(e) premises held under more than 1 title or by more than 1 owner.
"prescribed activity" see section 9 .
"prescribed environmental matter" see section 10 (1) .
"proponent-driven offset" see section 21 .
"protected area" means a protected area of a class mentioned in the Nature Conservation Act 1992 , section 14 , other than a coordinated conservation area.
"public place" means—
(a) a place, or part of the place—(i) the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; orExamples of a place that may be a public place under subparagraph (i)—a national park(ii) the occupier of which allows, whether or not on payment of money, members of the public to enter; or
(b) a place that is a public place under another Act.
"reasonably believes" means believes on grounds that are reasonable in the circumstances.
"reasonably considers" means considers on grounds that are reasonable in the circumstances.
"reasonably suspects" means suspects on grounds that are reasonable in the circumstances.
"referral agency" means a referral agency under the Planning Act .
"relevant agency" see section 26 (1) .
"relevant Commonwealth Act" means any of the following—
(a) the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) ;
(b) the Great Barrier Reef Marine Park Act 1975 (Cwlth) ;
(c) another Commonwealth Act prescribed under a regulation for this definition.
"relevant offence" , for part 10 , see section 40 .
"significant residual impact" see section 8 .
"special wildlife reserve" see the Nature Conservation Act 1992 , schedule .
"State condition" means an offset condition that may be imposed on an authority by the State.
"State Development Act" means the State Development and Public Works Organisation Act 1971 .
"trust fund" —
(a) for the Brisbane City Council—see the City of Brisbane Regulation 2012 , section 192 (2) ; or
(b) for another local government—see the Local Government Regulation 2012 , section 200 (2) .
"trust money" —
(a) for the Brisbane City Council—see the City of Brisbane Regulation 2012 , section 192 (3) ; or
(b) for another local government—see the Local Government Regulation 2012 , section 200 (3) .
"vehicle" —
(a) means a vehicle under the Transport Operations (Road Use Management) Act 1995 ; and
(b) includes a vessel under that Act.