Environmental Offsets Act 2014

This section applies to the following authorities granted under an existing Act if that Act allowed for an offset condition to be imposed on the authority—

an existing authority;

an authority granted, on or after the commencement, as the result of an application that was made, but not dealt with, before the commencement.

The authority holder may, at any time and free of charge, apply for an amendment of the authority—

to allow the selection and delivery of an environmental offset in accordance with the environmental offsets policy; or

to allow a financial settlement offset (however described) determined in accordance with the environmental offsets policy; or

to remove a requirement to provide an environmental offset for—

an environmental value that is not a prescribed environmental matter under this Act; or

an impact on a prescribed environmental matter that is not a significant residual impact.

The authority holder must apply, in the approved form, to the administering agency that issued the authority.

The administering agency must decide the application within 20 business days after receiving the application.

The administering agency may decide to make the amendment only if satisfied that the environmental values for which the environmental offset was required have not yet been impacted by the activity that is authorised by the authority.

If the administering agency decides to make the amendment, the agency may also make any other amendments that the agency considers—

relate to the amendment; and

are necessary or desirable.

If the administering agency decides to amend the authority, the agency must, within 10 business days after making the decision—

give the amended authority to the authority holder; and

include a copy of the amended authority in the register kept under section 90.

If the administering agency decides not to amend the authority, the administering agency must give the authority holder a notice that states—

the decision and the reasons for the decision; and

that the holder may apply for a review of the decision; and

how and when the holder may apply for a review of the decision.

A regulation may provide for a review of the decision.

Any provisions in the Act under which the offset condition was imposed about amending conditions of an authority, other than a provision mentioned in section 5, do not apply to an offset condition that is amended under this section.

This section applies despite section 95.