Environmental offset conditions introduced for environmental authorities

David Nicholls, Partner and James Ireland, Partner

The Environmental Protection and Other Acts Amendment Bill 2009 reinforces the environmental offset conditioning powers vested in assessment managers and concurrence agencies. Entities applying for an environmental authority for mining, petroleum and greenhouse gas storage activities, or for development approval, need to be aware that State agencies and councils can impose an environmental offset condition as part of that approval.

While the Queensland Government's Environmental Offsets Policy has existed since 1 July 2008, the Bill makes it clear beyond doubt that environmental offset conditions may be imposed.

The Bill is likely to be finalised by the Queensland Parliament in the next few weeks. Here, partner James Ireland and solicitors Damian Roe and Gemma Ayriss outline the main changes the Bill introduces, and explain the concept of 'environmental offset conditions'.