Environmental Offsets (Transitional) Regulation 2014


Queensland Crest
Environmental Offsets (Transitional) Regulation 2014
Queensland Environmental Offsets Act 2014 Environmental Offsets (Transitional) Regulation 2014 Current as at 19 December 2014 Reprint note This is the last reprint before expiry. Expired on 1 July 2015 (see 2014 Act No. 33 s 96(4)).
Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.
Queensland Environmental Offsets (Transitional) Regulation 2014 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Declaration that regulation is a transitional regulation . . . . . . . . . 3 4 Provision about South East Queensland Koala Conservation State Planning Regulatory Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 7 7 8
Environmental Offsets (Transitional) Regulation 2014 [s 1] Environmental Offsets (Transitional) Regulation 2014 [as amended by all amendments that commenced on or before 19 December 2014] 1 Short title This regulation may be cited as the Environmental Offsets (Transitional) Regulation 2014 . 2 Commencement This regulation commences on 1 July 2014. 3 Declaration that regulation is a transitional regulation This regulation is a transitional regulation. Note Under section 96(4) of the Act, this regulation expires on 1 July 2015. 4 Provision about South East Queensland Koala Conservation State Planning Regulatory Provisions (1) Subsection (2) applies for the application of assessment criteria for assessable development under the following provisions (each a relevant provision ) of the South East Queensland Koala Conservation State Planning Regulatory Provisions— (a) table 4, column 2, item 1; (b) table 5, column 2, item 2. (2) On the commencement of this section, a relevant provision is taken, with necessary changes, to be replaced with the following statement— ‘Site design must avoid clearing of non-juvenile koala habitat trees in areas of bushland habitat, high value rehabilitation Current as at 19 December 2014 Page 3
Environmental Offsets (Transitional) Regulation 2014 [s 4] habitat, and medium value rehabilitation habitat, with any unavoidable clearing minimised and significant residual impacts counterbalanced under the Environmental Offsets Act 2014 .’ (3) Subsection (4) applies for the application of assessment criteria for assessable development under the South East Queensland Koala Conservation State Planning Regulatory Provisions, table 7, column 2, item 2 (the relevant provision ). (4) On the commencement of this section, the relevant provision is taken, with necessary changes, to be replaced with the following statement— ‘To the extent the premises is inside the Urban Footprint, site design must avoid clearing non-juvenile koala habitat trees in areas of bushland habitat, with any unavoidable clearing minimised and significant residual impacts counterbalanced under the Environmental Offsets Act 2014 .’ (5) Subsection (6) applies for the application of assessment criteria for assessable development under the following provisions (each a relevant provision ) of the South East Queensland Koala Conservation State Planning Regulatory Provisions— (a) table 6, column 2, item 2; (b) table 7, column 2, item 3. (6) A relevant provision is taken, with necessary changes, to be replaced with the following statement— ‘Site design must avoid clearing non-juvenile koala habitat trees in areas of high value rehabilitation habitat, and medium value rehabilitation habitat, with any unavoidable clearing minimised and significant residual impacts counterbalanced under the Environmental Offsets Act 2014. ’. (7) In this section— South East Queensland Koala Conservation State Planning Regulatory Provisions means the document called the ‘South East Queensland Koala Conservation State Planning Regulatory Provisions’, dated May 2010 and published on the Page 4 Current as at 19 December 2014
Environmental Offsets (Transitional) Regulation 2014 [s 4] website of the department in which the Sustainable Planning Act 2009 is administered. Current as at 19 December 2014 Page 5
Environmental Offsets (Transitional) Regulation 2014 Endnotes Endnotes 1 Index to endnotes Page 2 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 3 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 2 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2012 = subordinate legislation = substituted = unnumbered 3 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory Page 6 Current as at 19 December 2014
Environmental Offsets (Transitional) Regulation 2014 Endnotes requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003 9601 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Current as at 1 July 2014 19 December 2014 Amendments included none 2014 SL No. 295 Notes 4 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Environmental Offsets (Transitional) Regulation 2014 SL No. 146 made by the Governor in Council on 26 June 2014 notfd <www.legislation.qld.gov.au> 27 June 2014 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2014 (see s 2) exp 1 July 2015 (see 2014 Act No. 33 s 96(4)) amending legislation— Environmental Offsets Legislation Amendment Regulation (No. 1) 2014 SL No. 295 pts 1, 3 notfd <www.legislation.qld.gov.au> 12 December 2014 ss 1–2 commenced on date of notification remaining provisions commenced 19 December 2014 (see s 2) 5 List of annotations Provision about South East Queensland Koala Conservation State Planning Regulatory Provisions s 4 amd 2014 No. 295 s 20 Current as at 19 December 2014 Page 7
Environmental Offsets (Transitional) Regulation 2014 Endnotes © State of Queensland 2014 Authorised by the Parliamentary Counsel Page 8 Current as at 19 December 2014