Environmental Offset Regulatory Framework
Environmental offsets have been embedded within State Government and to a lesser extent Commonwealth Government environmental legislation for over 15 years. Historical regimes policies and provisions which enabled offsets were hard to access, extensively complex and often unworkable in the context of most projects and outcomes in South East Queensland. Locally the greatest change in environmental offsets came through the gazettal of the Queensland Government Environmental Offset Act 2014 which established a uniformed framework and metric for environmental offset systems established by all departments and agencies of the Queensland Government and all Local Governments. Prior to this legislation Local Government offsets were almost non-existent.
The ability for government entities to map and capture environmental offset charges as part of the recent reforms has resulted in a significant increase in policies and the role environmental offsets play in property development and mining projects.
An environmental offset may be required as a condition of approval for a project where, despite consideration of avoidance and mitigation measures, the activity is likely to result in a residual impact on a prescribed environmental matter. Offsets can be provided directly by demonstrating a measurable gain in conservation value on a receiving site through an increase in environmental values, a reduction of threats or averting a potential loss of a matter.
A prescribed environmental matter can be triggered under National, State or Local Government regulatory framework, dependent on the respective legislation. The following Acts and policies influence environmental decision making within Queensland.
Commonwealth Government:
The Commonwealth Government operates under the Environment Protection and Biodiversity Conservation Act 1999 – Environmental Offset Policy (October 2012) when making determinations under the broader EPBC Act 1999. The policy applies for impacts on a number of potential features and areas scheduled as Matters for National Environmental Significance (MNES). Common impacts within Queensland triggering environmental offsets at a Commonwealth level include:
- Threatened Plants and Animals (eg Koala Habitat)
- Threatened Ecological Communities (Eg. Melaleuca irbyana ecosystems)
- Marine and Aquatic Environments
- Migratory and Wader Bird Habitat
Queensland Government:
Since July 2014 the Queensland Government has operated under the following Environmental Offset Framework documents:
- Queensland Government Environmental Offset Act 2014
- Queensland Government Environmental Offset Regulation 2014
- Queensland Government Environmental Offset Policy (Version 1.1)
- Guide to Determining Terrestrial Habitat Quality – A toolkit for assessing land based offsets under the Queensland Environmental Offset Policy
Where environmental legislation in Queensland triggers offsets it must now utilise this framework. Within Queensland the most common environmental offsets triggered by the State Government are for the following matters and legislation:
| Legislation: | Matters / Features / Areas |
|---|---|
| Vegetation Management Act 1999 | Remnant Vegetation (Endangered, Of Concern and Least Concern) – Essential Habitat, Connectivity, Watercourse and Wetland Vegetation |
| South East Queensland Koala Conservation – State Planning Regulatory Provisions (2010) | Koala Habitat and Non-Juvenile Koala Habitat Trees (NJKHT) |
| Nature Conservation Act 1992 | Threatened Plants and Animals, Animal Breeding Places and Habitat and Protected Areas |
| Fisheries Act 1994 | Fish Habitat Areas and Waterway Barrier Works |
| Marine Parks Act 2004 | Marine Parks |
| Environmental Protection Act 1994 | Wetlands and Watercourses |
Local Government:
Under the 2014 Queensland Government Environmental Offset Framework all Local Governments are afforded the opportunity to create complying environmental offset policies for inclusion in the Local Government Planning Scheme. At the Council scale offsets can be required for environmental overlays, zonings, scheduled plants and animals or even a single tree if identified as a prescribed matter in the planning scheme.
