Page 3020 - Week 10 - Tuesday, 23 September 2014
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
an offset into the legislation and provide legislative force for an environmental offsets policy. This will be the first time offsets have been recognised in ACT law, and will ensure that a one-stop-shop arrangement is backed by a strong offsets framework specific to the ACT. These amendments also address an important prerequisite for the one-stop shop, with the commonwealth requiring an offsets policy to enter into the new arrangements.
Madam Speaker, offsets are an important part of the environmental approvals process and are designed to compensate for the impacts of development on the environment. It is important to note that offsets are only to be considered after all avoidance and mitigation measures have been taken into consideration. That is, they are a last resort and cannot be used to make otherwise unacceptable projects acceptable. This is emphasised in the offsets policy and supported by this legislation.
The offsets policy and guidelines were developed following extensive public consultation in June and July this year. Twenty public submissions were received, and all submissions were considered in finalising the policy. For example, following a high level of concern raised during the public consultation process, the offsets policy does not allow offsets to be created in existing reserves unless the reserve was created on or after 16 July 2000. This is also consistent with the commonwealth’s offsets policy, which is adopted under the bill.
The offsets policy, which will be a legal instrument, provides proponents with information on what is an acceptable offset. The policy will also support decision-making by the Planning and Land Authority and the minister. I note that the administration of the offsets policy under part 6A.2 of this bill will be the responsibility of the minister who is responsible for administering the Nature Conservation Act 1980. This achieves an alignment of functions with other responsibilities under the Nature Conservation Act.
The amendments in this bill set out clear processes for decision-making around offsets or commonwealth protected matters in the ACT. Where previously the commonwealth could impose offsets in the ACT, under a one-stop shop the ACT will have control over offsets and will ensure that these are developed in appropriate areas, in close consultation with the community.
This bill allows for the imposition of offset conditions, including conditions requiring offset management plans. This will reduce uncertainty about what an offset condition may include and provides an additional regulatory tool to address impacts on protected matters.
The bill recognises that an offset condition may require an offset management plan to be prepared and implemented, and specifies consultation requirements for the preparation of any such plan. A proponent must consult with the Conservator of Flora and Fauna and the relevant custodian or lessee when preparing a draft offset management plan. This ensures all relevant entities are involved in delivering offsets to a high standard. In particular, it ensures the proposed offset manager is involved in developing the offset management plan.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video