QUEENSLAND ENVIRONMENTAL OFFSETS FRAMEWORK 20 August Nelson Wills

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2 QUEENSLAND ENVIRONMENTAL OFFSETS FRAMEWORK 20 August 2014 Nelson Wills

3 Disclaimer Important Notice The material in this presentation has been prepared by New Ground Environmental Pty Ltd (New Ground) and is intended to form an opinion around general background information as at the date of this presentation. The material presented is given in summary form and does not purport to be complete. Information and opinions in this presentation should not be considered as advice or a recommendation and does not take into account your particular objectives, situation or needs. Before acting on any information you should consider the appropriateness of the information and seek information that has been specifically prepared for your circumstances. This presentation may contain forward looking statements. Readers are cautioned not to place undue reliance on these forward looking statements. While due care has been used in the preparation of forward looking statements, actual results may vary in a materially positive or negative manner. Forecasts and hypothetical examples are subject to uncertainty and contingencies outside New Ground s control.

4 OVERVIEW Offsets 101 The New Framework what s all the fuss about? o What does it do? o What does it apply to? o What doesn t it apply to? When is an offset triggered o What does this all mean? o State-level Offset Themes o The Risk of Duplication Offset Delivery Options Offset Strategy Considerations

5 OFFSETS 101 What is an Offset? An environmental offset is an activity undertaken to counterbalance a significant residual impact of a prescribed activity on a prescribed environmental matter. What is a Conservation Outcome? A conservation outcome is achieved by an environmental offset if the offset is selected, designed and managed to maintain the viability of the impacted matter.

6 What is all the fuss about? Qld Environmental Offsets Framework enacted 1 July 2014, broadly consisting of: Environmental Offsets Act 2014 Environmental Offsets Regulation 2014 Queensland Environmental Offsets Policy

7 What does the framework do? A common statutory basis for the application of offset conditions 5 predecessor State Offset Policies into 1 Sets out to reduce duplication of offset requirements Caps offset ratio at 4:1 (excluding Protected Areas)

8 What does the Framework apply to? Offset conditions relating to development approvals granted under other acts/instruments, such as: Environmental Protection Act 1994 Nature Conservation Act 1992 Sustainable Planning Act 2009 Fisheries Act 1994 Marine Parks Act 2004 South East Queensland Koala Conservation State Planning Regulatory Provisions The Offsets Act does not affect the powers of the Co-ordinator General under the State Development and Public Works Organisation Act 1971.

9 What doesn t the Framework apply to? Transitional Provisions The new framework does not force retrospective assessment of offsetting activities that were approved prior to 1 July The requirements of the superseded QBoP as they relate to an existing authority and activity remain in effect. EPBC Act not accredited (yet)

10 When is an offset triggered (under new framework)? To mitigate a significant residual impact of a prescribed activity on a prescribed environmental matter

11 BUT What does it all mean? Significant residual impact - an adverse impact, whether direct or indirect, of a prescribed activity on all or part of a prescribed environmental matter that: o Remains, or will or is likely to remain (whether temporarily or permanently) despite on-site mitigation measures for the prescribed activity; and o Is, or will or is likely to be, significant. A prescribed activity is defined as an activity: o The subject of an authority under another Act; and o For which an offset condition may be imposed under the other Act on the authority; and o That is prescribed under a regulation. A prescribed environmental matter is summarised as: o A matter of national environmental significance (MNES) matters subject to approval under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act); o o A matter of state environmental significance (MSES) matters subject to approval under State legislation; or A matter of local environmental significance (MLES) matters subject to approval under a local planning scheme or policy.

12 State-level Offset Themes (MSES) Environmental Offset Regulation 2014 describes MSES in detail. Some of these include: o State mapped wetlands/watercourses and those in high ecological value waters o High Preservation Areas of Wild River Areas o Protected Wildlife Habitat o Koala Habitat types regulated by Koala Conservation State Planning Regulatory Provisions o Endangered or vulnerable flora (and habitat) o Protected Areas o Connectivity Areas o Regulated Vegetation o Habitat for endangered, vulnerable or special least concern fauna species o Fish Habitat Areas o Marine plants

13 The Question of Duplication An administrating agency can not impose an offset condition if Commonwealth or State has already imposed one (or decided not to) for the same (or substantially the same) prescribed activity relating to the same (or substantially the same) prescribed environmental matter

14 Offset Delivery Options 1. Financial Settlement 2. Proponent Driven 3. Combination of financial settlement and proponent-driven offset

15 Financial Settlement EHP Financial Settlement Offset Calculation Methodology Financial Settlement = ([1] Total offset area x [2] On-ground costs per ha + [3] Land holder incentive + [4] Administration Cost) Payment made to State or Local Govt Trust Fund Observations: o High landholder incentive cost o Generally 4:1 offset ratio

16 Proponent Driven 1. Land-based offset o Land-based Offsets Multiplier Calculator. o EHP Guide to Determining Terrestrial Habitat Quality/Habitat Quality Analysis Guidelines o Rapid assessment option 2. Direct Benefit Management Plan (DBMP) o Priority management actions that address threats to the subject prescribed environmental matter(s)

17 A few of the missing pieces Clarification around potential overlaps/offset creep (MLES, MSES, MNES) Significant Residual Impact test Definition of Significant Land-based offset calculator EHP Guide to Determining Terrestrial Habitat Quality/Habitat Quality Analysis Guideline

18 A few notes on implementation Development Planning avoid trigger Be clear on what you need to offset (Significant Residual Impacts only) The order in which approvals are obtained is important Don t offset theoretical impacts! (Ground-truth mapping) Keep a look out for refinements

19 To discuss further, please feel free to contact me. PH. (07)