holman fenwick willan
October 2012

New Commonwealth Environmental Offsets Policy and Western Australian Environmental Offsets Guidelines

Does your business understand its obligations under the new Commonwealth Environmental Offsets Policy, which came into effect this month and requires 90% of all offsets to be direct offsets (e.g. creating new habitat, improving existing habitat), as opposed to the 75% highlighted in the 2011 consultation draft?

Are you aware that this new Commonwealth Environmental Offsets Policy applies to:

  • All new projects requiring Commonwealth environmental impact assessment.
  • Any variations to an existing project's approval conditions under the EPBC Act.
  • Any project currently under EPBC Act assessment for which a proposed decision has not yet been made.

Do you understand that under the Commonwealth Environmental Offsets Policy, the conservation gain provided by the environmental offset must be additional to what is already required by a duty of care or by any environmental planning laws at any level of government?

Are you aware that the Environmental Protection Authority (EPA) of WA has released a draft Environmental Offsets Policy for consultation until 21/12/12?

Are you aware that the EPA draft offset guidelines will require that offsets incorporate:

  • The cumulative impact of multiple proposals.
  • The consequential impact of proposals on population centres.
  • Contingency plans for unpredictable impacts.
  • Long term environmental benefits.

...and will impact on proposed projects that affect environmental assets of State significance?

How Holman Fenwick Willan can help

We can provide an analysis of the Commonwealth Environmental Offsets Policy, the draft EPA offset guidelines and the draft DEC offset guidelines on request.  As the Commonwealth Environmental Offsets Policy came into effect at the start of this month there is an immediate need for proponents to review their environmental offset packages for proposed projects and any current projects undergoing expansion.  The operation of inappropriate offsets packages due to a failure to incorporate obligations under the EPBC Act and Offsets Policy will significantly delay your project approvals.

Have your say

Submissions on the DEC offsets guidelines can be made by email to claire.harloe@dec.wa.gov.au by
2 November 2012. Submissions on the EPA offsets guidelines can be made by email to
luke.jacenko@epa.wa.gov.au  by 21 December 2012 or by completing an online survey at https://consultation.epa.wa.gov.au/policy-and-guideline-development-and-review/eag_offsets/consult_viewHolman Fenwick Willan can prepare your submission for you.

Having had experience in developing environmental offset packages, Cheryl Edwardes, HFW Partner, is available to discuss any questions you may have in relation to your environmental offsets obligations.
Please contact Cheryl on +61 (0) 8 9422 4793 or at
Cheryl.Edwardes@hfw.com for a confidential discussion.

Kind regards

Cheryl Edwardes
Partner
Holman Fenwick Willan

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Whilst every care has been taken to ensure the accuracy of this information at the time of publication, the information is intended as guidance only. It should not be considered as legal advice.

Images attributed to wikipedia and Tom Rice (courtesy of the Pilbara Development Commission).

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