ENVIRONMENTAL OFFSETS REGULATION 2014 - SCHEDULE 2

ENVIRONMENTAL OFFSETS REGULATION 2014 - SCHEDULE 2

SCHEDULE 2 – Prescribed environmental matters—matters of State environmental significance

1 Definitions for sch 2

In this schedule—


"animal that is critically endangered wildlife, endangered wildlife or vulnerable wildlife" means an animal that is critically endangered wildlife, endangered wildlife, or vulnerable wildlife, under the Nature Conservation Act 1992 .

Notes—

• See the Nature Conservation (Animals) Regulation 2020 , schedule 1 , part 2 , division 3 for animals that are critically endangered wildlife.

• See the Nature Conservation (Animals) Regulation 2020 , schedule 1 , part 2 , division 4 for animals that are endangered wildlife.

• See the Nature Conservation (Animals) Regulation 2020 , schedule 1 , part 2 , division 5 for animals that are vulnerable wildlife.

Notes—

• See the Nature Conservation (Plants) Regulation 2020 , schedule 1 , part 2 , division 3 for plants that are critically endangered wildlife.

• See the Nature Conservation (Plants) Regulation 2020 , schedule 1 , part 2 , division 4 for plants that are endangered wildlife.

• See the Nature Conservation (Plants) Regulation 2020 , schedule 1 , part 2 , division 5 for plants that are vulnerable wildlife.

Editor’s note—

The Queensland Herbarium publishes a map of the regional ecosystems in Queensland and the map is available on the website of the department in which the Vegetation Management Act 1999 is administered.

(a) covering more than 50% of the undisturbed predominant canopy; and

(b) averaging more than 70% of the vegetation’s undisturbed height; and

(c) composed of species characteristic of the vegetation’s undisturbed predominant canopy.

2 Regulated vegetation

(1) The prescribed regional ecosystems that are endangered regional ecosystems comprise a matter of State environmental significance.

(2) The prescribed regional ecosystems that are of concern regional ecosystems comprise a matter of State environmental significance.

(3) A prescribed regional ecosystem is a matter of State environmental significance if it is—

(a) a regional ecosystem that intersects with an area shown as a wetland on the vegetation management wetlands map (to the extent of the intersection); or

(b) an area of essential habitat on the essential habitat map for an animal that is critically endangered wildlife, endangered wildlife or vulnerable wildlife or a plant that is critically endangered wildlife, endangered wildlife or vulnerable wildlife.

(4) A prescribed regional ecosystem is a matter of State environmental significance, for a prescribed activity mentioned in schedule 1 , item 7(e), if the ecosystem is an area of essential habitat on the essential habitat map for an animal that is near threatened wildlife or a plant that is near threatened wildlife.

(5) A prescribed regional ecosystem is a matter of State environmental significance to the extent the ecosystem is located within a defined distance from the defining banks of a relevant watercourse or relevant drainage feature.

(6) In this section—


"animal that is near threatened wildlife" means an animal that is near threatened wildlife under the Nature Conservation Act 1992 .

Note—

See the Nature Conservation (Animals) Regulation 2020 , schedule 1 , part 2 , division 6 for animals that are near threatened wildlife.

"defined distance" , for a regional ecosystem, means a distance identified in the environmental offsets policy as the relevant distance from the defining banks of a relevant watercourse or relevant drainage feature.


"endangered regional ecosystem" means a regional ecosystem declared to be an endangered regional ecosystem under the Vegetation Management Act 1999 , section 22LA .


"of concern regional ecosystem" means a regional ecosystem declared to be an of concern regional ecosystem under the Vegetation Management Act 1999 , section 22LB .


"plant that is near threatened wildlife" means a plant that is near threatened wildlife under the Nature Conservation Act 1992 .

Note—

See the Nature Conservation (Plants) Regulation 2020 , schedule 1 , part 2 , division 6 for plants that are near threatened wildlife.

"relevant drainage feature" means a drainage feature under the Water Act 2000 , schedule 4 that is identified on the vegetation management watercourse and drainage feature map.


"relevant watercourse" means a watercourse identified on the vegetation management watercourse and drainage feature map.


"vegetation management watercourse and drainage feature map" see the Vegetation Management Act 1999 , section 20AB .


"vegetation management wetlands map" see the Vegetation Management Act 1999 , section 20AA .

3 Connectivity areas

(1) This section applies to a prescribed regional ecosystem—

(a) to the extent the ecosystem contains remnant vegetation; and

(b) if the ecosystem contains an area of land that is required for ecosystem functioning (a
"connectivity area" ).

(2) The prescribed regional ecosystem is a matter of State environmental significance if the administering agency is satisfied, having had regard to criteria in the environmental offsets policy about connectivity areas, that—

(a) the connectivity area is of sufficient size or configured in a way that maintains ecosystem functioning; and

(b) the prescribed regional ecosystem will remain despite a threatening process within the meaning of the Nature Conservation Act 1992 .

4 Wetlands and watercourses

(1) Each of the following matters is a matter of State environmental significance—

(a) a wetland—

(i) in a wetland protection area; or

(ii) of high ecological significance shown on the map of Queensland wetland environmental values;

(b) a wetland or watercourse in high ecological value waters.

(2) In this section—


"high ecological value waters" see the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 , schedule 2 .


"map of Great Barrier Reef wetland protection areas" see the Environmental Protection Regulation 2019 , schedule 19 , part 2 .


"map of Queensland wetland environmental values" see the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 , schedule 2 .


"watercourse" see the Environmental Protection Regulation 2019 , schedule 19 , part 1 , section 10 .


"wetland" means an area shown as a wetland on the map of Queensland wetland environmental values.


"wetland protection area" means an area shown as a wetland protection area on the map of Great Barrier Reef wetland protection areas.

5 Designated precinct in a strategic environmental area

(1) A designated precinct in a strategic environmental area is a matter of State environmental significance.

(2) In this section—


"designated precinct" , in a strategic environmental area, see the Regional Planning Interests Regulation 2014 , schedule 2 , section 15 (3) .

6 Protected wildlife habitat

(1) An area that is shown as a high risk area on the flora survey trigger map and that contains plants that are critically endangered wildlife, endangered wildlife or vulnerable wildlife is a matter of State environmental significance.

(2) An area that is not shown as a high risk area on the flora survey trigger map, to the extent the area contains plants that are critically endangered wildlife, endangered wildlife or vulnerable wildlife, is a matter of State environmental significance.

(3) A koala habitat area is a matter of State environmental significance.

(4) A habitat for an animal that is critically endangered wildlife, endangered wildlife or vulnerable wildlife or a special least concern animal is a matter of State environmental significance.

Examples of habitat—

an area of land used by an animal for foraging, roosting, nesting or breeding

(5) In this section—


"flora survey trigger map" see the Nature Conservation (Plants) Regulation 2020 , section 135 .


"koala habitat area" see the Nature Conservation (Koala) Conservation Plan 2017 , section 7B (1) .


"special least concern animal" means the following animals that are least concern wildlife under the Nature Conservation Act 1992 —

(a) an echidna (Tachyglossus aculeatus);

(b) a platypus (Ornithorhynchus anatinus).

7 Protected areas

A protected area is a matter of State environmental significance.

Note—

A coordinated conservation area under the Nature Conservation Act 1992 is excluded by the Act , definition
"protected area" .

8 Highly protected zones of State marine parks

(1) A highly protected area of a relevant Queensland marine park is a matter of State environmental significance.

(2) In this section—


"highly protected area" means—

(a) a zone classified, under the Marine Parks Act 2004 , as a conservation park zone, marine national park zone or preservation zone; or

(b) another area prescribed under a regulation or zoning plan, under the Marine Parks Act 2004 , as a highly protected area.

"relevant Queensland marine park" means any of the following marine parks declared under the Marine Parks Act 2004 —

(a) the Great Barrier Reef Coast Marine Park;

(b) the Moreton Bay Marine Park;

(c) the Great Sandy Marine Park.

"zone" , for a marine park, see the Marine Parks Act 2004 , schedule.

9 Fish habitat areas

An area declared under the Fisheries Act 1994 to be a fish habitat area is a matter of State environmental significance.

10 Waterway providing for fish passage

(1) Any part of a waterway providing for passage of fish is a matter of State environmental significance only if the construction, installation or modification of waterway barrier works carried out under an authority will limit the passage of fish along the waterway.

(2) In this section—


"fish" means fish regulated under the Fisheries Act 1994 .


"passage" , for fish, means the natural movement patterns of fish species required to maintain the biological integrity of the species.


"waterway" includes a river, creek, stream, watercourse or inlet of the sea.


"waterway barrier works" means a dam, weir or other barrier across a waterway.

11 Marine plants

A marine plant within the meaning of the Fisheries Act 1994 is a matter of State environmental significance.

12 Legally secured offset areas

A legally secured offset area is a matter of State environmental significance.