ENVIRONMENTAL OFFSETS REGULATION 2014 - REG 36
Administering agency to apply to for removal of particular duplicate offset condition
ENVIRONMENTAL OFFSETS REGULATION 2014 - REG 36
Administering agency to apply to for removal of particular duplicate offset condition
36 Administering agency to apply to for removal of particular duplicate offset
condition
(1) Each of the following is prescribed for section 25A (3) (b) (i) of the Act
—
(a) if the offset condition the authority holder is seeking to remove
relates to a protected plant that is critically endangered wildlife,
endangered wildlife or vulnerable wildlife under the
Nature Conservation Act 1992—the administering agency that imposed the
offset condition, other than the agency that imposed the offset condition
under a protected plant clearing permit granted under the
Nature Conservation (Plants) Regulation 2020;
(b) if the offset condition
the authority holder is seeking to remove relates to a protected area under
the Nature Conservation Act 1992—the administering agency that imposed the
offset condition, other than the agency that imposed the offset condition for
an authority mentioned in schedule 1 , item 4;
(c) if the offset condition
the authority holder is seeking to remove relates to a marine park under the
Marine Parks Act 2004—the administering agency that imposed the offset
condition, other than the agency that imposed the offset condition on a
permission granted under the Marine Parks Regulation 2017;
(d) if the offset
condition the authority holder is seeking to remove relates to koalas—the
administering agency that imposed the condition, other than the agency that
imposed the condition under State code 25 (Development in South East
Queensland koala habitat areas) of the State development assessment
provisions.
(2) For subsection (1) (d) , an offset condition relates to
koalas if the condition relates to—
(a) a matter of State environmental
significance mentioned in schedule 2 , section 2(3) (b) that is an area of
essential habitat on the essential habitat map for koalas; or
(b) a matter of
State environmental significance mentioned in schedule 2 , section 6(3) ; or
(c) a matter of State environmental significance mentioned in schedule 2 ,
section 6(4) that is a habitat for a koala.
