Protection of the Environment Operations Act 1997 No 156
Historical version for 1 November 2011 to 5 February 2012 (accessed 25 May 2013 at 13:41)
Current version
295O Green offset schemes
(1) A green offset scheme is a scheme established for any or all of
the following purposes:(a) to carry out a specified program for the restoration or
enhancement of the environment that is related to a licensed
activity,
(b) to prevent, control, abate, mitigate or otherwise offset any harm
to the environment arising (wholly or partly) from any licensed
activity,
(c) to make good any environmental damage arising (wholly or partly)
from a licensed activity.
(2) A green offset scheme may include any or all of the following
elements:(a) contractual agreements or other arrangements between the person
who arranges or implements or manages a green offset scheme and other
participants in the scheme,
(b) the creation of a market for entitlements to participate in a
green offset scheme,
(c) the creation of green offset credits,
(d) the initial sale or allocation and further sale or allocation of
green offset credits,
(e) provision for the holding of green offset credits by
participants,
(f) the payment of contributions to the scheme for works under the
scheme,
(g) the implementation of works by participants in the
scheme,
(h) the payment of administrative costs relating to the
scheme,
(i) the rights and duties of participants in the
scheme,
(j) the trading of green offset credits or of any entitlements
conferred by them (including restrictions on trading and any other
dealings),
(k) safeguards against anti-competitive behaviour by participants in
the scheme,
(l) the alteration, suspension, cancellation or forfeiture of green
offset credits, or other rights or entitlements under the
scheme,
(m) provision for a register of green offset credits and participants
and for the circumstances in which register information may be
disclosed.
(3) A green offset scheme may include elements other than those
mentioned in this section.
(4) A green offset scheme may, subject to any applicable licence
conditions:(a) be arranged or implemented or managed by the holder of a licence
or another person, and
(b) involve both participants who are licence holders and who are not
licence holders.