Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for...

35
Queensland Government Policy for Biodiversity Offsets Consultation Draft Prepared by the Environmental Protection Agency

Transcript of Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for...

Page 1: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

Queensland Government

Policy for Biodiversity Offsets

Consultation DraftPrepared by the Environmental Protection Agency

Page 2: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

QUEENSLAND GOVERNMENT

POLICY FOR BIODIVERSITY OFFSETS

CONSULTATION DRAFT

Page 3: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

TABLE OF CONTENTS

TABLE OF CONTENTS...............................................................................................ii 1. Introduction to Biodiversity Offsets ......................................................................1

1.1 Background ....................................................................................................1 1.2 Date of commencement .................................................................................1 1.3 Administering Government Agency ..............................................................1 1.4 Purpose...........................................................................................................1

2. When should this policy be used?..........................................................................2 2.1 What does this policy apply to? .....................................................................2 2.2 What biodiversity values?..............................................................................2 2.3 What development or activities?....................................................................3 2.4 What impacts?................................................................................................4 2.5 When are biodiversity offsets not used? ........................................................4 2.6 Offset Requirements ..........................................................................................5

3. Offset Packages..................................................................................................6 3.1 Acceptable direct and indirect offset actions .....................................................6 3.2 Unacceptable direct and indirect offsets ............................................................7

3.3 Quantifying the biodiversity values for offsets..............................................7 3.3.1. Rationale for offset rules.......................................................................8 3.3.2. Applying the offset rules table..............................................................8

3.4 Delivery of offset packages ...........................................................................9 3.5 Voluntary offsets............................................................................................9 3.6 Advance offsets for biodiversity....................................................................9 3.7 Timing – consideration and provision of offset ...........................................10 3.8 Bond for impact prior to securing an offset .................................................10

4. Financial Contribution..........................................................................................11 5. Offsets required by other policies ........................................................................11 6. Offset Agreements ...............................................................................................12 7. Securing an Offset................................................................................................12 8. Management Actions ...........................................................................................13 9. Registering Offsets...............................................................................................13 10. Review and Appeal Processes .............................................................................13 11. Enforceability.......................................................................................................13 12. Monitoring and Evaluation of Offsets .................................................................14 13. Review of This Policy..........................................................................................14 Glossary of Terms ......................................................................................................15 APPENDIX 1 Development Triggered Under the Policy ...................................19 ......................................................................................................................................20 APPENDIX 2 Offset Rules Table..........................................................................21 APPENDIX 3 (a) The Environmental Impact Assessment process under the State Development and Public Works Organisation Act 1971;.................................31 (b) The Environmental Impact Assessment process under the Integrated Planning Act 1997.......................................................................................................31 ......................................................................................................................................32

Page 4: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

1. Introduction to Biodiversity Offsets

1.1 Background Biodiversity is the natural diversity of native wildlife, together with the environmental conditions necessary for their survival. As the lead agency for biodiversity and environmental protection, the Environmental Protection Agency (EPA) strives to provide environmentally sustainable solutions for Queensland’s future through conserving Queensland’s landscapes and enabling sustainable development. Protecting biodiversity is one way that the EPA addresses its mission. National parks and other protected areas sample Queensland’s natural diversity, but biodiversity values are also present on private lands and can be protected through conservation agreements, management practices, planning and development assessment processes. Development is generally prohibited in significant environments. However, some development may go ahead despite impacts to biodiversity. Using offsets is one way impacts to biodiversity can be counterbalanced so that the environment does not suffer losses in biodiversity due to development. A biodiversity offset is an environmental offset that addresses environmental conditions and features that are important for biodiversity. A biodiversity offset is an action undertaken to counterbalance an impact that causes a loss of biodiversity values.

1.2 Date of commencement This policy commences on XXXX 2009.

1.3 Administering Government Agency This policy is administered by the Environmental Protection Agency.

1.4 Purpose • To ensure an equivalent or better biodiversity outcome on a State-wide basis where

biodiversity values are lost to impacts from development or other activities • To improve the long-term protection and viability of the State’s biodiversity • To increase the area of habitat restored and enhanced • To ensure development in Queensland is ecologically sustainable.

Environmental Outcome Biodiversity offsets must achieve an equivalent or better environmental outcome for the biodiversity values impacted.

1

Page 5: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

2. When should this policy be used? All reasonable attempts should be made to first avoid and then minimise any negative biodiversity impacts before considering the use of offsets to address remaining biodiversity impacts. This policy applies to biodiversity offsets required or negotiated by State government agencies under relevant legislation to address remaining biodiversity impacts. This policy is a specific-issue offsets policy, consistent with the Queensland Government Environmental Offsets Policy (QGEOP) which commenced on 1 July 2008. Offsets are not intended to facilitate biodiversity loss. Consistent with the QGEOP, biodiversity offsets will only be considered under this policy where they do not seek to replace or undermine existing environmental standards or regulatory requirements. Biodiversity offsets are not to be used to allow development in areas otherwise prohibited through legislation or policy. This policy does not determine whether or not an impact to biodiversity is acceptable. Offsets are not appropriate where there is a high risk of failure i.e. the proposed offsetting actions are unlikely to deliver the biodiversity outcomes sought. The proponent of a development activity under this policy is responsible for proposing offsets and showing how the proposed offsets meet this policy.

2.1 What does this policy apply to? This policy applies to the use of offsets to address impacts to biodiversity values resulting from development or activities (including national park revocations) where a State Government agency is the decision-maker or a concurrence agency under the Integrated Planning Act 1997.

2.2 What biodiversity values? This policy applies to areas or features that are important to the State for their biodiversity values. These values are listed below (Table 1), and are referred to in this policy as ‘biodiversity values’. Table 1. Biodiversity values of State interest

Type of biodiversity

value

Biodiversity value

Biodiversity offset to address

Protected Area Estate

Protected Area Estate: • National parks (all categories) • Conservation parks • Forest reserve • Resources reserve

Native Forests (for non-logging activities)

• State Forest (non-plantation) • Timber Reserve

Offsets to address protected area tenure.

2

Page 6: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

Type of biodiversity

value

Biodiversity value

Biodiversity offset to address

Marine Parks

Marine Park zoning protection Offsets to address marine park zoning protections.

Wetlands

High Conservation Value wetlands Offsets to recover degraded wetlands.

Species

• Endangered species • Vulnerable species • Rare (near-threatened) species

Offsets to address the viability of the species population and its habitat.

Regional ecosystems

• Endangered regional ecosystems (REs) • Of concern regional ecosystems (REs) • Other significant regional ecosystem values

Offsets to address extent of regional ecosystems.

The EPA can provide supporting documentation to help identify where these values exist. However, site verification may also need to be undertaken by a proponent to confirm if the biodiversity values are located on a proposed development site. The EPA encourages the use of biodiversity offsets for losses of other biodiversity values not addressed by this policy (e.g. biodiversity values important at a local level). Impacts may occur at sites with more than one biodiversity value present. Biodiversity offsets must address each of the biodiversity values located at the site of impact (refer to Figure 1 page 10).

2.3 What development or activities? This policy applies to impacts on biodiversity values by development or activities where a State government agency is responsible for assessing the potential biodiversity impacts of a development or activity (refer to Appendix 1). This includes the development approval processes identified in the QGEOP. The policy will apply to locations with an area of 2 hectares or greater. Specifically, this policy applies to the following types of activities which may permit a biodiversity offset to address biodiversity impacts unable to be avoided or minimised:

• environmental authorities for level 1 mining and level 1 petroleum activities under the Environmental Protection Act 1994 (EP Act);

• clearing permits for protected plants, protected area estate revocations and service facilities in national parks or national parks (recovery) under the Nature Conservation Act 1992 (NC Act);

• clearing of vegetation for non-logging activities in native State Forests under the Forestry Act 1959;

• where the EPA is an assessment manager or concurrence agency under the Integrated Planning Act 1997(IPA) including for activities under: o the Coastal Protection and Management Act 1995; o Environmentally relevant activities under the EP Act; o Other legislation (such as the Nature Conservation Act 1992);

3

Page 7: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

• IPA community infrastructure designations during the initial assessment report and final assessment report phases;

• Main Roads projects; • revocation, downgrading, declaration of a works area, or development or use of a

Marine Park that excludes the public under the Marine Parks Act 2004; and • State Development and Public Works Organisation Act 1971 (SDPWO Act)

significant projects. The Coordinator-General’s decision making powers under the SDPWO Act already provide for a consideration of environmental offsets by the Coordinator-General in setting development conditions for ‘significant projects’. In making those decisions, the Coordinator-General will have regard to the Policy, in consultation with the EPA

2.4 What impacts? Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset will only be applicable to the area of loss, which will usually be a subset of the area covered by a development approval. Biodiversity offsets are only required for impacts to the biodiversity values listed in this policy. Examples of types of impacts that may require biodiversity offsets: • clearing • impacts on the Protected Area estate • removal of protected species.

2.5 When are biodiversity offsets not used? This policy does not apply to biodiversity offsets for impacts to the same biodiversity values that are already captured under other specific-issue offsets policies such as:

• Policy for Vegetation Management Offsets (Vegetation Management Act 1999); • Koala Habitat – Offsets for Net Benefit to koalas and koala habitat; • Mitigation and Compensation for Works or Activities Causing Marine Fish Habitat

Loss: Departmental Procedures, Fish Habitat Management Operational Policy, Queensland Department of Primary Industries (Fisheries Act 1994).

However, this policy will still apply to any impacted biodiversity values not covered by other specific-issue offsets policies. This policy does not apply retrospectively to existing development approvals or other authorities already issued or approved.

4

Page 8: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

2.6 Offset Requirements The range of development approval processes requires a diverse approach to the use of biodiversity offsets to achieve an equivalent or better biodiversity outcome for Queensland. Table 2. Offsets required for development activities

Development activities Offset requirement • Environmental authorities for level 1 mining

and level 1 petroleum activities under the EP Act

• Permits for clearing protected plants under the NC Act

• Revocation, downgrading, declaration of a works area, or development or use of a Marine Park that excludes the public under the Marine Parks Act 2004

• Clearing of vegetation in native State Forests under the Forestry Act 1959 (non-logging activities)

• Where the EPA is an assessment manager or concurrence agency under IPA including for activities under:

o the Coastal Protection and Management Act 1995;

o Environmentally relevant activities under the EP Act

• IPA community infrastructure designations during the initial assessment report and final assessment report phases

Offset package (Section 3)

• ‘Significant projects’ under Part 4 – ‘Environmental coordination’ of the SDPWO Act: o Note. The SDPWO Act provides for a

Coordinator-General assessment decision to impose conditions, including environmental offset conditions, that the Coordinator-General considers necessary or desirable.

o The Coordinator-General’s decision will be in accordance with statutory decision making processes.

The Coordinator-General, in consultation with EPA, may consider the appropriate offset requirements for ‘significant projects’, which may comprise • an offset package (as per Section

3) and/or • financial contribution (as per

Section 4). The total offset requirements will be based on a multiplier of up to 5 ha for every 1 ha impacted.

• Main Roads projects

An offset package or financial contribution using multipliers in accordance with the Offset Rules table.

• Protected area estate revocations and service facilities in national parks or national parks (recovery) authorised under the NC Act

A financial contribution with multiplier of up to 5 ha for every ha impacted is required in lieu of an offset package.

5

Page 9: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

3. Offset Packages An offset package is the combination of one or more offsets used to meet the offset requirement(s) of a single development impact. The proponent is responsible for preparing an appropriate offset package. The offset package should be designed to deliver the environmental outcomes sought for each of the biodiversity values that are impacted in a way that will minimise any time lag between the impact and achievement of the environmental outcome.

3.1 Acceptable direct and indirect offset actions The QGEOP describes two types of offsets that may be used in offset packages. For biodiversity offsets, these types are defined as:

• Direct offsets that provide biodiversity values • Indirect offsets that support the intended biodiversity outcome.

Under this policy, most biodiversity offsets must be in the form of direct offsets. To provide biodiversity values, a direct offset would usually be an area of land with its biodiversity values managed, improved (if necessary) and permanently protected. Examples of acceptable direct offsets include:

• Acquiring land to be included in the protected area estate • Rehabilitating and protecting regrowth vegetation.

See the offset rules table (Appendix 2) for detail. Indirect offsets can only form part of an offset package in combination with direct offsets, and where this policy indicates that indirect offsets are acceptable. Indirect offsets allowed under this policy include:

• Removing threats to biodiversity values • Providing a fauna assisted crossing • Implementing action(s) in a Recovery Plan, Biodiversity Action Plan or Management

Plan. Funding of research is not permitted as an indirect or direct offset under this policy. The direct and indirect offset actions listed above are only acceptable as offsets if they meet the QGEOP principle of ‘additionality’. This means that a biodiversity offset must be above and beyond any other measures that are already required. There are some actions that on their own would not provide additionality (e.g. protection of an area would not provide additionality unless the area is under threat of development). Examples of offset actions that provide additionality are given below.

6

Page 10: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

An area of land on a mine site that needs to be rehabilitated as part of the mining approval (not part of an offset condition) would not be an acceptable offset since it would not provide an additional management action to what would be required independently of the offset condition.

Queensland Government Environmental Offsets Policy principle 6 (‘additionality’): Offsets must provide additional protection to environmental values at risk, or additional management actions to improve environmental values.

An example of providing additional protection of environmental values is: • Provision of higher level of tenure given to vegetation under threat of clearing (e.g.

remnant vegetation on a mining tenement secured as a national park).

Additional protection would not be provided by an area of Nature Refuge that would be secured as a national park, where there are no development threats and no additional management actions that increase its biodiversity values.

An example of providing additional management of environmental values is: • An area of land revegetated and secured as a Nature Refuge.

3.2 Unacceptable direct and indirect offsets Even though some actions, such as restoring degraded habitat, are listed as direct offsets, such actions are only acceptable as offsets if they are additional to existing requirements. For example, restoring or rehabilitating habitat on a development site (such as mine site rehabilitation) is not considered an appropriate offset if this activity is already part of the environmental management requirements for development. The following are not acceptable offsets: • Any action taken to avoid or minimise (reduce) an impact • Any action undertaken to demonstrate best-practice design or management • Any action that is required by other policies or legislation (e.g. rehabilitation of mine

sites). Any area of land proposed to be used as a biodiversity offset must not be: • Already protected from development impacts • Vegetation that is required to be retained under conditions of a current development

approval • Used previously to acquit an offset requirement.

The direct and indirect offset actions listed in the previous section would satisfy the ‘additionality’ principle as long as they are not listed above.

3.3 Quantifying the biodiversity values for offsets The QGEOP recommends using an environmental metric to determine the scope and size of the offset needed to meet the required environmental outcome. This policy uses a table to indicate the “rules” for biodiversity offsets that are appropriate in size and scope to meet the stated environmental outcome sought for each biodiversity value. The offset rules table (Appendix 2) is provided for transparency and consistent decision-making for biodiversity offsets. The offset rules table allows considerable flexibility by listing a prioritised range of options for offsets for each biodiversity value. The offset rules outline the amount, location and other characteristics that the EPA considers appropriate for offsets to meet the required

7

Page 11: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

environmental outcome for each biodiversity value. The offset rules table should be used with the information in this policy to guide the design of all biodiversity offset packages.

3.3.1. Rationale for offset rules The offset rules are what the EPA considers to be appropriate to offset the lost biodiversity values, taking into account: • the biodiversity values that are impacted (including their extent, resilience, etc.) • environmental outcome sought • the current status of the environment in Queensland • potential opportunities and constraints of identifying and securing offsets • the risk and uncertainty involved in relying upon an offset to provide biodiversity

values over the long-term. To achieve the required positive outcomes, biodiversity offsets need to be larger than the extent of impact. The offset rules table expresses the amount of offset required as a ratio between the impact and offset. The ratios used in this policy are chosen to reflect each value’s importance (e.g. larger offset required for endangered than for vulnerable species; largest ratios for national parks) and the EPA’s expectation of the ability of the offset to achieve the intended outcome (larger offset required for less desirable options).

3.3.2. Applying the offset rules table When an area of impact is known, identify each biodiversity value that will be affected. Refer to the offset rules table for offset options for each biodiversity value. Calculate the offset requirement by applying the ratio to the amount of each affected biodiversity value. In most cases, the ratio is applied to the area (e.g. hectares impacted : hectares of offset required). If a development activity will impact on more than one biodiversity value covered by this policy, then the offset package must satisfy offset requirements for each of the impacted values. Where more than one value will be impacted, it is preferable to provide an offset with all the values at a single location. However, it is also acceptable to provide a number of offset areas that together provide the required values, as long as the offset package includes sufficient offsets for all of the impacted values. Providing a single offset area that satisfies all offset requirements is the most desirable biodiversity outcome and will also generally be far more cost-efficient than providing an offset package that contains a number of separate offset areas. Figure 1. Example of impact to two biodiversity values - with options for offsets.

Impact area Offset Offset

value x value y

1b. Two areas are used to provide required combination of values (x and y).

1a. Offset provides required combination of values x and y at single location.

8

Page 12: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

3.4 Delivery of offset packages Options for delivering a biodiversity offset under this policy are: • Proponent directly provides and manages the offset**; • Proponent engages a third-party to provide and/or manage the offset on their behalf; • Proponent arranges to use a registered, advance offset (see Advance offsets for

biodiversity section, below).

**Land used as an offset does not necessarily need to be purchased or owned by the proponent.

Box 1 provides an example of different delivery options. Although use of a third-party to provide an offset may involve a financial payment to secure the offset, this is different to a financial contribution to a fund permitted in certain circumstances indicated in this Policy.

Box 1: Delivery Options EXAMPLE: A biodiversity offset could be an area of revegetation, with a mechanism put in place to permanently protect that vegetation. Some delivery options: • A developer could conduct the revegetation on land that it owns or on

land that it purchases. • The developer could arrange for the revegetation to be undertaken and

maintained on private land by another party (with the landholder’s agreement), with the land being permanently protected.

• Land may be purchased by the proponent, revegetated, protected with

a covenant and re-sold (for use compatible with the conditions of the covenant), as long as the biodiversity values needed for the offset are permanently protected and managed for their long-term viability.

3.5 Voluntary offsets A proponent may wish to provide an offset as a sign of good environmental responsibility even though no offset is required. To be formally accepted as a biodiversity offset, a voluntary offset should meet the requirements of this policy and be registered with the EPA.

3.6 Advance offsets for biodiversity This policy recognises advance offsets as described in the QGEOP. An advance offset for biodiversity must be an acceptable direct offset under this policy. If the EPA approves registration of an offset as an advance offset, then the advance offset is available to be used to acquit an offset requirement at a later date. The EPA must approve the use of an advance offset to acquit an offset requirement. Registration of an advance offset does not guarantee that the offset will be able to be used to acquit an offset requirement, as the offset must address the impacted biodiversity values for which it is used.

9

Page 13: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

3.7 Timing – consideration and provision of offset Offsets should be provided with a minimal time-lag between the impacts and delivery of the offset (QGEOP, principle 5). Permanent biodiversity impacts should not occur due to delays in implementing the offsetting actions. Although it is not necessary for an offset to be in place before a development approval is granted (QGEOP section 2.3), proponents are strongly encouraged to consider during any initial project design, whether offsets may be required and if so, develop an offset package. This avoids a situation where the proponent is unable to develop a suitable offset package addressing any biodiversity impacts after a project has been initially approved. This may occur because suitable land providing the necessary values to be offset- • cannot be located • can be located but the landholder is unwilling to provide the land for offsetting or

acquisition costs are too high for the proponent. Factors to consider when setting timeframes for implementing offsetting actions: • How long it will take for the offsetting actions to achieve the environmental outcome • Ensuring ecological processes continue with minimum disruption • Ensuring the long-term viability of the biodiversity value impacted is maintained.

3.8 Bond for impact prior to securing an offset A bond (or bank guarantee) is required if a proponent wants to commence an activity prior to legally securing an offset, following development approval. The bond will be triggered prior to the commencement of works. The regulator retains discretion on whether an activity may proceed prior to legally securing an offset to meet the requirements of this policy. The bond will be refunded when the offset requirement is met, or if the development does not proceed. The amount of the bond is based on the acquisition and management cost of land with suitable values using a multiplier of five hectares for every one hectare impacted. Proponents are encouraged to take all reasonable efforts to secure an offset within 12 months. If the proponent does not meet its offset requirement within 12 months of the development approval, the bond will be retained by the regulator and the legal liability of the proponent to provide an offset will be extinguished. Funds will be used for strategic land purchases of biodiversity values or securing biodiversity values by other means.

10

Page 14: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

4. Financial Contribution A financial contribution may be used in the circumstances indicated below in Table 3. Table 3. Use of a financial contribution Development activity Use of financial contribution ‘Significant projects’ under Part 4 – ‘Environmental coordination’ of the SDPWO Act

o Note. The SDPWO Act provides for a Coordinator-General assessment decision to impose conditions, including environmental offset conditions, that the Coordinator-General considers necessary or desirable.

o The Coordinator-General’s decision will be in accordance with statutory decision making processes.

The Coordinator-General may, at his discretion and in consultation with the EPA, consider appropriate offset requirements for ‘significant projects’, which may comprise: • an offset package (as per Section 3)

and/or • a financial contribution The total offset requirements will be based on a multiplier of up to 5 ha for every 1 ha impacted.

Main Roads projects

An offsets package or a financial contribution using multipliers in accordance with the Offset Rules table.

Protected area estate revocations and service facilities in national parks or national parks (recovery) authorised under the NC Act.

A financial contribution with multiplier of up to 5 ha for every ha impacted is required in lieu of an offset package.

The amount of a financial contribution will be determined based on the cost of acquiring suitable land as an offset, plus the capital value of an ongoing management fee. Suitable land is an area within the same bioregion that has similar biodiversity values to those impacted. The amount of land used in the estimate will be guided by the ratios in the offset rules table (Appendix 2). The financial contribution must be made to ecoFundQ, except for the Coordinator-General who may do so at his discretion. Upon receipt of the full payment, ecoFundQ will register the financial contribution a means of meeting the offset requirement. Where a financial contribution is required in lieu of an offset package, full payment of the financial contribution satisfies the requirements of this policy. If a financial contribution is required in addition to an offset package, then full payment of the financial contribution satisfies the requirement for the financial contribution. Financial contributions will be applied to strategic land purchases of biodiversity values at a whole of landscape level. Funds may be pooled for national park acquisition to provide strategic biodiversity outcomes identified by the Queensland Government. The use of financial contributions in lieu of offsets and the calculation of any financial contribution will be further developed in consultation with stakeholders.

5. Offsets required by other policies There may be situations where a development activity will require an offset under both this and another offsets policy. This policy supports the use of an offset package to address offset requirements of other offset policies, as long as the requirements in this policy are met.

11

Page 15: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

For a development activity that triggers more than one specific-issue offsets policy under the QGEOP: • if the offsets required by another policy are for the same (biodiversity) values, then this

policy does not require biodiversity offsets for impacts to those values. • if the offsets required by another policy are for impacts to different values, then an

offset package may be used to meet the requirements of those policies, as long as it is acceptable under the relevant offsets policies and is satisfactory to the regulators of those policies.

For impacts of a development activity that trigger offsets under both this policy and the Australian Government’s Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act): • this policy supports the use of an offset package to meet the requirements of both

policies. • the use of a bond to enable commencement of activity prior to legally securing an

offset (Section 3.7) is not applicable.

6. Offset Agreements An offset agreement is a formal agreement between the State as regulator and the proponent. An offset agreement must be signed by all parties to the agreement. If a third-party will supply the offset, then the supplier may either sign the offset agreement or alternatively, sign separate agreement with the proponent. An offset agreement must describe the way an offset will meet the requirements of this policy. QGEOP s2.3 requires offsets agreements to deal with the following: • a description of the impact that will be offset • the offset that is being provided to meet the offset requirement • timeframes and milestones for providing the offset • when the environmental impact can commence • the duration of the offset requirement • the offset management plan • the monitoring and reporting plan including environmental indicators to be monitored +

regular reporting periods • any payments and contributions allocated for the offset, management plan and

monitoring and reporting plan • reference to the mechanism for legally securing the offset • when and how the proponent’s responsibility for the offset will be extinguished. • All costs of monitoring, reporting and evaluation activities to be met by proponent.

Further detail on offset agreements will be developed during the consultation period

7. Securing an Offset Biodiversity offsets must be protected for the life of the impact. In most situations, such as clearing, loss of the biodiversity values addressed by this policy is considered to be permanent. Permanent protection of a biodiversity offset may be achieved by:

12

Page 16: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

• a conservation agreement (such as a Nature Refuge) under the Nature Conservation Act 1992; or

• as protected area tenure (with the agreement of the EPA). Further detail on securing an offset will be developed during the consultation period.

8. Management Actions Part of any offset that involves an area of land is the suite of ongoing management actions necessary to ensure that the offset is of sufficient quality to achieve its environmental outcome. Management actions are important to ensure that the proposed offset will be of sufficient quality to achieve the environmental outcome listed in the offset rules table. Management actions need to be undertaken over a timeframe that ensures the long-term viability and protection of the biodiversity values being provided by the offset. Further detail on offset agreements will be developed during the consultation period.

9. Registering Offsets Once use of a biodiversity offset has been approved to acquit an offset requirement, it will be registered with the EPA. A public register will also be available. Once a biodiversity offset is used to acquit an offset requirement, it cannot be used again as an environmental offset.

10. Review and Appeal Processes The QGEOP (s2.4) outlines a review and appeal process: The IPA provides for an appeal to the Planning and Environment Court against a condition in a development approval (such as a condition requiring the applicant to secure an offset) and against the refusal of a development application (e.g. because the applicant was unable to source a suitable offset). Other relevant dispute resolution processes in relation to offset conditions include internal review and appeals to the Planning and Environment Court under the EP Act, review under administrative guidelines (Main Roads), and review under the Judicial Review Act 1991 (except in relation to decisions under IPA to which the Judicial Review Act 1991 does not apply).

11. Enforceability As indicated in the QGEOP (s.2.5), responsibility for providing an offset will depend on whether the proponent has retained ongoing management of the offset or contracted management actions to a third-party (e.g. a land owner, manager or broker). Offset conditions can be enforced by regulators under the relevant legislation (EP Act, IPA or the SDPWO Act) through the usual regulatory provisions1

1 Under the EP Act and IPA anyone has standing to prosecute. Under the SDPWO Act conditions are enforced through the primary legislation.

13

Page 17: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

12. Monitoring and Evaluation of Offsets All offsets agreements entered into under this policy must have ongoing monitoring, reporting and evaluation requirements. Minimum requirements to be included in an offsets agreement are: • That monitoring and evaluation of biodiversity offsets will be undertaken over a

ecologically significant period to ensure the biodiversity offset is meeting the intended environmental outcome

• Relevant biodiversity indicators to be monitored • A list of regular reporting periods (minimum of annual reporting required).

Further detail on monitoring and evaluation of offsets will be developed during the consultation period.

13. Review of This Policy This policy will be reviewed within 5 years of commencement or as soon as possible following the review of the QGEOP in 2013. The review will consider, where available: • Current scientific information • Offsets agreements entered into under this policy • Offsets agreements reports provided under the policy • Offsets agreement evaluations.

Both government and non-government stakeholders will be consulted as part of the review.

14

Page 18: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

Glossary of Terms additional (additionality) Additional actions must be above and beyond best-practice management and design. Additional protection must extend the legal security of conservation activities. For example, an area of land which already has a conservation covenant in place would not be an eligible offset. advance offset Establishing advance offsets involves securing an offset — including commitments to complete any necessary management actions — and approval in principle by the regulator of the applicable specific-issue offsets policy. An advance offset should be registered, to be a recognised offset under a specific-issue offsets policy, and may be used as a whole or in parts to provide an offset to meet one or more offset requirements. assessment manager For developments under IPA, the assessment manager administers and decides an application, but may not always assess all aspects of the development for the application. best practice The best practice environmental management of an activity is the management of the activity to achieve an ongoing minimisation of the activity’s environmental harm through cost-effective measures assessed against the measures currently used nationally and internationally for the activity (EP Act, Section 21 (1)). bioregion Bioregions are broad-scale biogeographic units that distinguish landscapes with relatively coherent climate, geology, landform and biota. Under the regional ecosystem framework, the EPA recognises 13 bioregions in Queensland, which differs slightly from the National IBRA scheme. Data and maps of Queensland’s bioregions are available from the EPA. bond An unconditional bank guarantee. The bond would be included in the offset agreement within the condition for development approval, and the regulator would be able to draw on the bond if deemed necessary. carrying capacity The population of a species that can be supported by an area through time. The concept of carrying capacity can be used to determine how much habitat must be conserved to maintain healthy wildlife populations. community infrastructure The following are community infrastructure — (a) aeronautical facilities; (b) cemeteries and crematoriums; (c) communication network facilities; (d) community and cultural facilities, including child-care facilities, community centres, meeting halls, galleries and libraries; (e) correctional facilities; (f) educational facilities; (g) emergency services facilities; (h) hospitals and associated institutions; (i) jetties, wharves, port facilities and navigational facilities; (ia) miscellaneous transport infrastructure under the Transport Infrastructure Act 1994; (j) oil and gas pipelines; (k) operating works under the Electricity Act 1994; (l) parks and recreational facilities; (m) railway lines, stations and associated facilities; (n) State-controlled roads; (o) transport infrastructure mentioned in Schedule 10, definition development infrastructure; (p) water cycle management infrastructure; (q) waste management facilities; (r) storage and works depots and the like including administrative facilities associated with the provision or maintenance of the community infrastructure mentioned in (a) to (q); and (s) any other facility not mentioned in paragraphs (a) to (r) and intended primarily to accommodate government functions (IPA, Schedule 5). concurrence agency An entity which has responsibility for approving or conditioning aspects of the assessment as detailed in IPA, Schedule 10. development Development is any activity which may impact upon environmental values. It includes an approval for material change of use, operational works, reconfiguration of a lot or State Government infrastructure. development approval Development approval includes approvals, leases, licences, permits or authorities under the EP Act, IPA, the SDPWO Act and Main Roads administrative processes. development condition Development condition includes terms, conditions or requirements for all approvals, leases, licences, permits or authorities under the EP Act, IPA, the SDPWO Act and Main Roads administrative processes. direct offset An action that provides environmental values that address those which are lost. For example, increasing vegetation cover could be a type of direct offset. ecological sustainability — Integrated Planning Act 1997 Balance that integrates the protection of ecological processes and natural systems at local, regional, state and wider levels; economic development; and maintenance of the cultural, economic, physical and social wellbeing of people and communities. ecologically sustainable development (ESD) — Environmental Protection Act 1999

15

Page 19: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends. endangered regional ecosystems For mining activities under the Environmental Protection Act 1994 endangered regional ecosystem are recognised based on ‘biodiversity status’ as specified in the Regional Ecosystem Description Database (REDD).For other impacts, endangered regional ecosystems are as defined under on the Vegetation Management Act 1999. REDD and other information about regional ecosystems and their status is available on the EPA website http://www.epa.qld.gov.au/nature_conservation/biodiversity/regional_ecosystems/ ). endangered species As defined under the Nature Conservation Act 1992. environmental impact Represents an effect on the environment that leads to changes in its condition. Depending on the nature of the activity causing the impact, it may have either beneficial or adverse environmental outcomes. environmental metric An environmental metric is a tool used to compare the ecological changes (gains and losses) of environmental values. The values can be measured, for example, in terms of the quantity and quality of ecosystem functions and services. For offsets, a metric must adequately quantify both the proposed impacts, and the benefits of the countervailing offset activities. A metric would be specific to the type of offset being used (e.g. wetlands) and should be set out in a specific-issue offsets policy. environmental offset An environmental offset is an action taken to counter-balance any unavoidable negative environmental impacts that might result from an activity or a development. Environmental offsets are measures taken which are outside the scope of the activities of the development, to counter-balance adverse environmental impacts. An offset can be located within or outside the geographic site of the activity or development. Environment Protection and Biodiversity Conservation Act 1999 Legislation that provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places – defined in the Act as matters of national environmental significance. environmental value (for the purposes of Queensland Government Environmental Offset Policy) (a) a quality or physical characteristic of the environment that is conducive to ecological health; and (b) any other quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation. final assessment report Within the community infrastructure designation process, the final assessment report includes a summary of changes made to the proposal arising from consultation; a copy of all submissions received during consultation; a summary of submissions and account of the issues raised; a statement of the expressed views of each relevant public sector entity and each relevant local government; and a statement of any matters proposed to be included in the designation under IPA. financial contribution A contribution made as a payment to an approved offsets fund. habitat The place and conditions in which an organism or population occurs. high conservation value wetlands [definition to be inserted] indirect offset Indirect offsets support, rather than directly provide, the intended environmental outcome. For example, an indirect offset could be the provision of infrastructure — such as an assisted crossing to aid the movement of fauna through their habitat. initial assessment report Within the community infrastructure designation process, the purpose of the initial assessment report is to present the findings from first-round assessment of proposed community infrastructure designations as a basis for initial consultation. land-based offset An offset that involves securing an area of land. legally binding mechanism A legally binding mechanism may include: • dedication as a protected area under the Nature Conservation Act 1992 (e.g. nature refuge, national park) • declaration of an area under the Vegetation Management Act 1999 • use of a covenant under the Land Act 1994, Land Title Act 1994 and Integrated Planning Act 1997 • statutory declaration of a Fish Habitat Area or fish habitat inclusions to an existing Fish Habitat Area under

the Fisheries Act 1994 and Fisheries Regulation 2005 another legally binding mechanisms, approved by the relevant specific-issue policy agency that provide protection for the life of the environmental offset.

Level 1 mining or petroleum activity Mining or petroleum activities with high risk of environmental harm. Level 1 activities are issued with conditioned environmental authorities, and may be required to complete an

16

Page 20: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

environmental impact statement (EIS) process. Both EIS and non-EIS activities are required to submit an environmental management plan and are subject to ‘necessary and desirable’ conditions. meta-population A population composed of spatially separated sub-populations that interact at some level. mitigation Actions that can be undertaken to reduce the level of environmental impact. management actions Activities (such as weed control) specified in a management plan to be undertaken or avoided to ensure that an offset will become of sufficient quality to achieve the required environmental outcome. of concern regional ecosystems As defined under the Vegetation Management Act 1999. Information about regional ecosystems is available from the EPA website (http://www.epa.qld.gov.au/nature_conservation/biodiversity/regional_ecosystems/ ). Under this policy ‘of concern’ regional ecosystems include remnant ‘of concern’ regional ecosystems that are exempt or are not assessable vegetation under the Vegetation Management Act 1999. offset agreement A formal agreement between the State (Government agency requiring the offset) as regulator and the proponent, outlining the offset requirements and the specific timeframes for these to be addressed. offsets fund An offsets fund is a fund established or approved by the Queensland Government that has the ability to accept financial contributions, use these to meet offsets requirements in accordance with policy and report in a transparent manner on fund expenditure and offset performance. offset package An offset package is one or more offsets (direct and/or indirect) that are used to address the offset requirement(s) of a single development impact. Planning and Environment Court A Queensland body which addresses development application disputes. population A group of organisms of a particular species, in a given place and time. population viability The likelihood of a population persisting over a given period; typically decades to a century. Key factors in population viability include population size, density, age structure and rates of reproduction and mortality, as well as variability in these factors. Generally, impacts will reduce population viability if they reduce population size, density or reproductive rate, or increase mortality or variability. pre-lodgement or predesign conference A service provided by the authority that issues development approvals and/or permits. Pre-lodgement allows a proponent to seek advice on the scope and issues relevant to an application before it proceeds to formal lodgement stage. This is one of the critical points for when an offset should be considered as it builds offsets into the early stages of planning and decision-making. Protected Area Estate Tenured protected areas s defined in the Nature Conservation Act 1992 including the following tenure categories: national park (scientific); national park; national park (Aboriginal land); national park (Torres Strait Islander Land); national park (Cape York Peninsula Aboriginal Land); national park (recovery); conservation park; resources reserve; as well as forest reserve. REDD The Regional Ecosystem Description Database maintained by the Environmental Protection Agency, available at http://www.epa.qld.gov.au/nature_conservation/biodiversity/regional_ecosystems/ regional ecosystems Vegetation communities in a bioregion that are consistently associated with a particular combination of geology, landform and soil. The regional ecosystems classification scheme, has been incorporated into the biodiversity planning framework that has been developed to assist the EPA to plan for biodiversity both on and off reserve, and into several initiatives including the Vegetation Management Act 1999. Information about regional ecosystems is available from the EPA website (http://www.epa.qld.gov.au/nature_conservation/biodiversity/regional_ecosystems/ ). regional ecosystem map As defined under the Vegetation Management Act 1999. register (offsets register) A register of environmental offsets. All biodiversity offset packages under this policy must be registered. regulator The State Government department administering the legislation which triggers the requirement for an environmental offset. For example, the Environmental Protection Agency is the regulator for a koala habitat offset secured to meet the requirements of the Nature Conservation Act 1992. The Department of Natural Resources and Water is the regulator for a vegetation management offset secured to meet the performance requirements of a Regional Vegetation Management Code under the Vegetation Management Act 1999. The Department of Primary Industries and Fisheries is the regulator for a fish habitat offset secured to meet the requirements of the Fisheries Act 1994.

17

Page 21: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

18

remnant map As defined under the Vegetation Management Act 1999. remnant vegetation— 1 Remnant vegetation, for an area of Queensland within a regional ecosystem map, means the vegetation mapped as being within remnant endangered regional ecosystems, remnant ‘of concern’ regional ecosystems and remnant ‘not of concern’ regional ecosystems shown on the map. 2 Remnant vegetation, for an area of Queensland within a remnant map, means the vegetation mapped as remnant vegetation on the map. 3 Remnant vegetation, for an area of Queensland for which there is no regional ecosystem map or remnant map, means the vegetation, part of which forms the predominant canopy of the vegetation— (a) covering more than 50% of the undisturbed predominant canopy; and (b) averaging more than 70% of the vegetation’s undisturbed height; and (c) composed of species characteristic of the vegetation’s undisturbed predominant canopy. specific-issue offsets policy A policy that guides the use of offsets for one or more specific environment type. Existing policies include: Vegetation Management — Policy for Vegetation Management Offsets, September 2007, Department of Natural Resources and Water (Vegetation Management Act 1999) Marine Fish Habitat — Mitigation and Compensation for Works or Activities Causing Marine Fish Habitat Loss, 2002, Department of Primary Industries and Fisheries Koala Habitat — Offsets for Net Benefit to Koalas and Koala Habitat, 2006, Environmental Protection Agency (Nature Conservation (Koala) Conservation Plan 2006). sub-region Finer scale subunits of bioregions. Subregions provide a landscape-scale geographic classification for biodiversity at about 1:500 000 scale. They represent broadly coherent landscapes, the boundaries of which often follow the boundaries of substantial geomorphic features. Data and maps of subregions can be obtained from the EPA. voluntary offsets Provision of an environmental offset where there is no policy requirement. Voluntary offsets are a private action, outside the project or environmental authority approval process. vulnerable species As defined under the Nature Conservation Act 1992.

Page 22: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

APPENDIX 1 Development Triggered Under the Policy

19

Page 23: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

Development Triggered Under Biodiversity Offsets Policy

QUEENSLAND GOVERNMENT ENVIRONMENTAL OFFSETS POLICY

20

Specific - Issue Offsets Policies

(IDAS

) EP

A C

oncu

rrenc

e Ro

le

Policy for Vegetation Management Offsets

(DNRW)

Offsets for Net Benefit to Koalas

Koala Habitat (EPA)

Marine Fish Habitat Offsets

(DPIF)

Water Quality Biodiversity Offsets Policy

(EPA) New

Offsets Policy (EPA) Proposed

Coastal Protection And Management

Act 1995

Integrated Planning Act 1997

Environmental Protection Act 1994

Level 1 Mining or Petroleum Activities

Significant Projects

State

Development

Prescribed Projects

Areas OR Prescribed

State Development & Public Works

Organisation Act 1971

Department of Main Roads Projects

(MOU)

Nature Conservation Act 1992

Forestry Act 1959

Protected Plants Clearing Species

Vegetation Clearing In Native State

Forests

Protected Areas Estate -Revocations

- Service Facilities

Community Infrastructure Designations

Declaration of Works Regulation s.109

Environmental Protection Act

1994 Environmentally

relevant activities

Page 24: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

APPENDIX 2 Offset Rules Table This table indicates options to meet a biodiversity offset requirement. Apply table to each biodiversity value impacted.

OFFSET REQUIREMENTS [options (a), (b), (c), (d) listed in order of preference]

Biodiversity State Interest value impacted

Environmental outcome sought Values Location

Offset type and characteristics

Ratio of impact to offset Other offset preferences

Prot

ecte

d A

rea

Esta

te

Protected Area Estate: • National parks (all

categories) • Conservation parks • Forest reserve • Resources reserve

Increase the national park estate area. Contribute to a parks system which is comprehensive, adequate and representative of Queensland’s biodiversity at all levels from landscape to genetic.

Offsets must provide national park tenure.

Within the bioregion, preferred.

Must be financial contribution for National Park acquisition.

Up to 1:5 Follow principles for reserve selection, including: (1) Priority given to a comprehensive, adequate and representative system focussing on biological diversity. (2) Focus on increasing connectivity; (3) Ensuring adequate range of habitats and broad vegetation communities to allow for ecological viability; (4) Increase of conservation of priority ecosystems and species.

Page 21

Page 25: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

OFFSET REQUIREMENTS [options (a), (b), (c), (d) listed in order of preference]

Biodiversity State Interest value impacted

Environmental outcome sought Values Location

Ratio of Offset type and impact to

Other offset preferences characteristics offset Native Forests (non-logging activities) • State Forest (non-

plantation) • Timber reserve

Increase the protected area estate area. Contribute to a parks system which is comprehensive, adequate and representative of Queensland’s biodiversity at all levels from landscape to genetic.

Address tenure only. Offsets must provide national park tenure.

Within the bioregion, preferred.

Must be financial contribution for National Park acquisition.

Up to 1:5 Follow principles for reserve selection, including: (1) Priority given to a comprehensive, adequate and representative system focussing on biological diversity. (2) Focus on increasing connectivity; (3) Ensuring adequate range of habitats and broad vegetation communities to allow for ecological viability; (4) Increase of conservation of priority ecosystems and species.

Page 22

Page 26: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

OFFSET REQUIREMENTS [options (a), (b), (c), (d) listed in order of preference]

Biodiversity State Interest value impacted

Environmental outcome sought Values Location

Ratio of Of set type and fcharacteristics

impact to offset Other offset preferences

Marine Parks (area of impact)

Improve marine park values and integrity. Enhance the level of protection afforded to areas of high ecological value.

Preferred if offset is in the marine park and for similar habitat.

• Rehabilitation of degraded marine areas;

• Enhanced water quality through upgrading of sewerage treatment plant or other discharges;

• Making areas available for addition to the marine park estate;

• Financial contribution to ecoFundQ.

Up to 1:5

• Focus on enhancing integrity and level of protection under zoning plan;

• Removing or ameliorating impacts.

Page 23

Page 27: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

OFFSET REQUIREMENTS [options (a), (b), (c), (d) listed in order of preference]

Biodiversity State Interest value impacted

Environmental outcome sought Values Location

Ratio of impact to offset

Offset type and Other offset preferences characteristics

Wet

land

s

High conservation value wetlands

Increase the secured extent, and improve the integrity and viability of wetlands.

(a) Wetland in same RE.

(b) Wetland in same RE.

(c) Wetland in any RE of similar or comparable species and habitat value.

(d) Wetland in any RE in same bioregion.

(a) Within 20 km of impact.

(b) Within same or adjacent subregion.

(c) Within same bioregion.

(d) Within same bioregion.

Predominately direct offsets. Some indirect offsets acceptable (e.g. recovery plans) at the discretion of the EPA. Often non-remnant vegetation. Remnant vegetation may be acceptable if it is under threat of clearing (or not protected by VMA).

(a) Up to 1:3

(b) Up to 1:4

(c) Up to 1:4.5

(d) Up to 1:5

Recovery of degraded wetlands (not artificial wetlands). Improvement in quality.

Page 24

Page 28: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

OFFSET REQUIREMENTS [options (a), (b), (c), (d) listed in order of preference]

Biodiversity State Interest value impacted

Environmental outcome sought Values Location

Ratio of impact to offset

Offset type and Other offset preferences characteristics

Spec

ies

Endangered species (Use this for Back on Track “critical” species where relevant)

Improve population viability of the relevant endangered species in the wild.

• Population size, proximity to other populations

• Age/breeding structure

• Critical resources e.g. roosting sites or presence of pollinator

• Presence of threats.

For remnant vegetation: • Same RE or • REs that

constitute habitat with a similar carrying capacity for the species.

For individual plant species and non-remnant ecosystem types: • Same species and

composition.

(a) For fauna: within the meta-population or For plants: Immediately adjacent (within 5 km) to area of loss.

(b) Within the sub-region

(c) In an adjacent sub-region in the same bioregion where demonstrates the environmental outcome will be met.

For fauna: Direct offsets preferred, but may be supplemented with indirect offsets (e.g. actions to minimise threatening processes) For fauna: Indirect offsets must be permanent (e.g. not short term education campaign), and address the impacted population. For plants: Direct offsets only: • Securing existing

endangered plants that are under threat in the wild;

• Translocation, propagation, replanting and protecting the endangered plants in suitable habitat in the wild. Quantity must take into account survival rates of the species (e.g. may need to plant 10 times the number impacted to achieve the required carrying capacity).

(a) Up to 1:4

(b) Up to 1:4.5

(c) Up to 1:5

Apply ratio to carrying capacity (e.g. offset must provide 4 to 5 times the carrying capacity of the area impacted).

Improve the extent of habitat.

For plants: • Offset should be in

place prior to disturbance.

• Offset is located within existing habitat which will support the long-term viability of the population.

Page 25

Page 29: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

OFFSET REQUIREMENTS [options (a), (b), (c), (d) listed in order of preference]

Biodiversity State Interest value impacted

Environmental outcome sought Values Location

Ratio of impact to offset

Offset type and Other offset preferences characteristics

Vulnerable species (Use this for Back on Track “high” species where relevant)

Improve population viability of the relevant species in the wild.

• Population size, proximity to other populations

• Age/breeding structure

• Critical resources e.g. roosting sites or presence of pollinator

• Presence of threats.

For remnant vegetation: • Same RE or • REs that

constitute suitable habitat for the species.

For non-remnant: • Similar

vegetation type. For individual plant species and non-remnant ecosystem types: • Same species and

composition.

(a) For fauna: within the meta-population or For plants: Immediately adjacent (within 5 km) to area of loss

(b) Within the sub-region

(c) In an adjacent sub-region in the same bioregion where demonstrates the environmental outcome will be met.

For fauna: Direct offsets preferred, but may be supplemented with indirect offsets. • A direct offset could be

securing existing habitat under threat OR rehabilitating and securing habitat for that fauna species.

• Indirect offsets must be permanent (e.g. not short term education campaign), and address impacted population.

For plants: Direct offsets only, including: • Securing existing

vulnerable plants that are under threat in the wild;

• Translocation, propagation, replanting and protecting the endangered plants in suitable habitat in the wild. Quantity must take into account survival rates of the species (e.g. may need to plant 10 times the number impacted to achieve the required carrying capacity).

(a) Up to 1:2.5

(b) Up to 1:3

(c) Up to 1:3.5

Apply ratio to carrying capacity (e.g. offset must provide 2.5 to 3.5 times the carrying capacity of the area impacted).

Improve the extent of habitat.

For plants: • Offset should be in

place prior to disturbance.

• Offset is located within existing habitat which will support the long-term viability of the population.

Page 26

Page 30: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

OFFSET REQUIREMENTS [options (a), (b), (c), (d) listed in order of preference]

Biodiversity State Interest value impacted

Environmental outcome sought Values Location

Ratio of impact to offset

Offset type and Other offset preferences characteristics

Rare or near-threatened species

Improve population viability of the relevant species in the wild.

• Population size, proximity to other populations

• Age/breeding structure

• Critical resources e.g. roosting sites or presence of pollinator

• Presence of threats.

For remnant vegetation: • Same RE or • REs that

constitute suitable habitat for the species.

For non-remnant: • Similar

vegetation type. For individual plant species and non-remnant ecosystem types: • Same species and

composition.

(a) For fauna: within the meta-population or for plants: Immediately adjacent (within 5 km) to area of loss

(b) Within the sub-region

(c) In an adjacent sub-region in the same bioregion where demonstrates the environmental outcome will be met.

For fauna: Direct offsets preferred, but may be supplemented with indirect offsets • A direct offset could

be securing existing habitat under threat OR rehabilitating and securing habitat for that fauna species.

• Indirect offsets must be permanent (e.g. not short term education campaign), and address the impacted population.

For plants: Direct offsets only, including: • Securing existing

rare or near threatened plants that are under threat in the wild;

• Translocation, propagation, replanting and protecting the endangered plants in suitable habitat in the wild.

(a) Up to 1:2

(b) Up to 1:2.5

(c) Up to 1:3

Apply ratio to carrying capacity (e.g. offset must provide 2 to 3 times the carrying capacity of the area impacted).

Improve the extent of habitat.

For plants: • Offset should be in

place prior to disturbance.

• Offset is located within existing habitat which will support the long-term viability of the population.

Page 27

Page 31: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

OFFSET REQUIREMENTS [options (a), (b), (c), (d) listed in order of preference]

Values Location Biodiversity State Environmental Offset type and Interest value impacted outcome sought characteristics

Ratio of impact to offset Other offset preferences

Reg

iona

l Eco

syst

ems

Endangered regional ecosystems (REs) • using VMA status • for mining under EP Act

use biodiversity RE status

Areas having this value may also be part of a: ◊ large tract or ◊ terrestrial landscape

corridor

Improve the extent of endangered REs.

(a) Same RE. (b) Same RE. (c) Any

endangered RE of similar or comparable species and habitat value.

(d) Any endangered RE in same bioregion.

In addition to (a), (b), (c), (d) above, if impacted RE is in a large tract or part of a corridor, then the offset must also: ◊ be contiguous

with a large or very large tract; or

◊ restore connectivity in a corridor.

(a) Within 20 km of impact.

(b) Within same or adjacent subregion.

(c) Within same bioregion.

(d) Within same bioregion.

Predominately direct offsets. Some indirect offsets may be acceptable (e.g. recovery plans) at the discretion of the EPA. Usually non-remnant vegetation. Remnant vegetation may be acceptable if it is under threat of clearing (or not protected by VMA).

(a) Up to 1:3

(b) Up to 1:4

(c) Up to 1:4.5

(d) Up to 1:5

• Contiguous with remnant area of same or similar RE

OR • Part of a large tract or

corridor or contiguous with remnant vegetation

(Quality to be addressed through management actions and security of tenure.)

Page 28

Page 32: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

OFFSET REQUIREMENTS [options (a), (b), (c), (d) listed in order of preference]

Biodiversity State Interest value impacted

Environmental outcome sought Values Location

Ratio of impact to offset Other offset preferenc

Offset type and characteristics es

Of concern regional ecosystems (REs) • Using VMA status Areas having this value may also be part of a: ◊ large tract or ◊ terrestrial landscape

corridor

Improve the extent of ‘of concern’ or endangered REs.

(a) Same RE. (b) Same RE. (c) Any of concern

or endangered RE of similar or comparable species and habitat value.

(d) Any endangered RE in same bioregion.

In addition to (a), (b), (c), (d) above, if impacted RE is in a large tract or part of a corridor, then the offset must also: ◊ be contiguous

with a large or very large tract; or

◊ restore connectivity in a corridor.

(a) Within 20 km of impact.

(b) Within same or adjacent subregion.

(c) Within same bioregion.

(d) Within same bioregion.

Predominately direct offsets. Some indirect offsets may be acceptable (e.g. recovery plans) at the discretion of the EPA. Usually non-remnant vegetation. Remnant vegetation may be acceptable if it is under threat of clearing (or not protected by VMA).

(a) Up to 1:2.5

(b) Up to 1:3.5

(c) Up to 1:4

(d) Up to 1:5

• Contiguous with remnant area of same RE

OR • Part of a large tract or

corridor or contiguous with remnant vegetation

(Quality to be addressed through management actions and security of tenure).

Page 29

Page 33: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

OFFSET REQUIREMENTS [options (a), (b), (c), (d) listed in order of preference]

Biodiversity State Environmental Interest value impacted outcome sought Values Location

Offset type and characteristics

Ratio of impact to offset Other offset preferences

Other significant regional ecosystem values • Remnant vegetation in

subregions with <30% remnant vegetation

Areas having this value may also be part of a: ◊ large tract or ◊ terrestrial landscape

corridor

Improve the extent and level of protection of remnant vegetation in subregions with <30 remnant vegetation.

(a) Same RE. (b) Any RE In addition to (a) and (b) above, if impacted RE is in a large tract or part of a corridor, then the offset must also: ◊ be contiguous

with a large or very large tract; or

◊ restore connectivity in a corridor.

Must be in same subregion.

• Remnant vegetation • Non-remnant

vegetation.

(a) Up to 1:2

(b) Up to 1:3

• Prefer ‘not of concern’ RE.

• Contiguous to existing

protected area estate (except Nature Refuge).

Page 30

Page 34: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

APPENDIX 3 (a) The Environmental Impact Assessment process under the State Development and Public Works Organisation Act 1971; (b) The Environmental Impact Assessment process under the Integrated Planning Act 1997

EPA recommends consideration of offsets in accordance with Policy for Biodiversity Offsets

Coordinator-General consults with EPA and ecoFundQ

Coordinator-General consults with EPA and ecoFundQ

CG issues approval with conditions

Page 31

Page 35: Policy for biodiversity offsets consultation draft · Biodiversity offsets are to be used for impacts that involve loss of biodiversity values (such as clearing). A biodiversity offset

EPA requests consideration of offsets and the Policy for Biodiversity Offsets

EPA assesses application to determine if Policy for Biodiversity Offsets has been satisfied

ecoFundQ engaged by EPA to calculate financial contribution requirements

EPA provides advice on offset requirements including financial contributionamounts

ecoFundQ provides advice on financial contribution requirements

ecoFundQ engaged by proponent to deliver land-based offset requirements

Assessment Manager decision includes offset requirements

Page 32