Legal security

Legal security is generally required for environmental offsets to enable the protection and management of a prescribed environmental matter(s) contained on an offset site. Where legal security is required, the environmental offset must be legally secured for the duration of the impact on the prescribed environmental matter(s).

The Environmental Offsets Act 2014 outlines that an environmental offset may be legally secured through any of the following mechanisms:

• an environmental offset protection area under the Environmental Offsets Act 2014
• a voluntary declaration under the Vegetation Management Act 1999
• a protected area (including a nature refuge) under the Nature Conservation Act 1992
• another mechanism specified under the regulation, (including a statutory covenant) under the Land Act 1994 or Land Title Act 1994
• a fish habitat area under the Fisheries Act 1994 or,
• a highly protected zone of a marine park declared under the Marine Parks Act 2004.

Please note: There may be limitations on when the above mechanisms can be used. Contact the relevant agency which administers the legal security mechanism for further details.

Declaring land as an Environmental Offset Protection Area

To legally secure an environmental offset using an environmental offset protection area, submit the Request for an Environmental Offset Protection Area declaration form. This form will need to be submitted to offsets@des.qld.gov.au along with any mandatory supporting documentation.

Please note, to make this application you will need to have already entered into an environmental offset agreement with either the Department of Environment, Science and Innovation or the relevant local government authority.