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 declared area (voluntary) 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. The table below includes matters to consider for more commonly used mechanisms. Contact the relevant agency which administers the legal security mechanism for further details.
| Mechanism | Considerations for proponents | Agency administering |
|---|---|---|
| Environmental offset protection areas | Can be made for all matters except Matters of National Environmental Significance (MNES) conditioned under the Environment Protection and Biodiversity Conservation Act 1999 | Department of the Environment, Tourism, Science and Innovation offsets@detsi.qld.gov.au |
| Declared Area (Voluntary Declaration) | Must meet the requirements and purpose of the Vegetation Management Act 1999, and be in the interests of the State having regard to the public interest A Declared Area Management Plan is required Refer to Declared areas (Voluntary) guide on the department’s website | Department of Natural Resources and Mines, Manufacturing and Regional and Rural Development |
| Protected area | Can be made for all matters including MNES Must meet criteria for Nature Refuges Program A Conservation Agreement and an Offset Area Management Plan are needed | Department of the Environment, Tourism, Science and Innovation |
| Covenant | Can be made for all matters including MNES The Land Titles Act 1994 (for freehold land) and the Land Act 1994 (non-freehold tenures) provide for registration of covenants Must not be inconsistent with the relevant local government planning scheme Refer to Qld Land Practice Manual - Covenants: | Any Queensland Government agency or local government can be a covenantee Contact the relevant Queensland Government agency on 13 QGOV (13 74 68) or local Council For further information on offsets on State land under the Land Act 1994, refer to: |
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@detsi.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 the Environment, Tourism, Science and Innovation or the relevant local government authority.
Environmental offset protection areas are not available to secure environmental offsets conditioned under the Commonwealth Environment and Biodiversity Conservation Act 1999. Contact the Commonwealth environment department for further details.