Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this Act, an offsets project is an excluded offsets project if it is a project of a kind specified in the regulations or the legislative rules.
(2) In deciding whether to recommend to the Governor - General that regulations should be made for the purposes of subsection (1) specifying a particular kind of project, and in deciding whether to make legislative rules for the purposes of subsection (1) specifying a particular kind of project, the Minister must have regard to whether there is a material risk that that kind of project will have a material adverse impact on one or more of the following:
(a) the availability of water;
(b) the conservation of biodiversity;
(c) employment;
(d) the local community;
(e) land access for agricultural production.
(3) Subsection (1) of this section does not, by implication, limit the application of subsection 13(3) of the Legislation Act 2003 to another instrument under this Act.