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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Threatened Species Conservation
Amendment (Biodiversity Certification)
Bill 2010
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Threatened Species Conservation Act 1995
(the principal Act) to establish new arrangements for the biodiversity certification of
land.
Under the new arrangements, the Minister administering the Threatened Species
Conservation Act 1995 (the Minister) may, on application by a planning authority,
confer biodiversity certification on specified land. The effect of biodiversity
certification is as follows:
(a) the environmental assessment requirements for the approval of a project, or a
concept plan for a project, under Part 3A of the Environmental Planning and
Assessment Act 1979 (the Planning Act) do not require an assessment of the
impact of the project on biodiversity values if the project is carried out or
proposed to be carried out on biodiversity certified land,
(b) development on biodiversity certified land is taken, for the purposes of Part 4
of the Planning Act, to be development that is not likely to significantly affect
any threatened species, population or ecological community under the
principal Act, or its habitat,
b2010-027-40.d17
Threatened Species Conservation Amendment (Biodiversity Certification) Bill 2010
Explanatory note
(c) an activity to which Part 5 of the Planning Act applies which is carried out or
proposed to be carried out on biodiversity certified land is taken, for the
purposes of Part 5 of the Planning Act, to be an activity that is not likely to
significantly affect any threatened species, population or ecological
community under the principal Act, or its habitat,
(d) the Native Vegetation Act 2003 does not apply to the biodiversity certified
land.
The Minister may confer biodiversity certification only if the planning authority has
a biodiversity certification strategy, which is a policy or strategy for the
implementation of conservation measures that ensure that the overall effect of
biodiversity certification is to maintain or improve biodiversity values.
The Bill also makes provision for the following matters, which are explained in more
detail below:
(a) the establishment of a biodiversity certification assessment methodology (the
methodology will set out the rules that are to be used as the basis for assessing
whether biodiversity certification improves or maintains biodiversity values),
(b) the enforcement of conservation measures against parties who agree to the
biodiversity certification,
(c) the suspension, revocation or modification of biodiversity certification,
(d) biodiversity certification agreements, which are agreements entered into in
connection with biodiversity certification.
The new arrangements replace existing arrangements for the biodiversity
certification of environmental planning instruments. The existing arrangements will
continue to have effect, with some modifications, in relation to the State
Environmental Planning Policy (Sydney Region Growth Centres) 2006 (the Growth
Centres SEPP) and in relation to any biodiversity certification proposals that are
certified or are the subject of public consultation before the repeal of those
arrangements.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.
Schedule 1 Amendment of Threatened Species
Conservation Act 1995 No 101
Biodiversity certification of land
The principal amendment is Schedule 1 [4], which sets out the new arrangements
relating to biodiversity certification of land (proposed new Part 7AA).
Explanatory note page 2
Threatened Species Conservation Amendment (Biodiversity Certification) Bill 2010
Explanatory note
The new arrangements enable the Minister to confer biodiversity certification on
specified land, by order published in the Gazette. The effect of biodiversity
certification is as explained in the overview.
Application for biodiversity certification
An application for biodiversity certification may be made to the Minister by a
planning authority or by 2 or more planning authorities jointly. Planning authorities
include the Minister for Planning and local councils.
Biodiversity certification may be conferred only if the applicant has a biodiversity
certification strategy. A biodiversity certification strategy is a policy or strategy for
the implementation of conservation measures to ensure that the overall effect of
biodiversity certification is to improve or maintain biodiversity values. The strategy
is to be used as the basis for the assessment of the application.
A biodiversity certification strategy must identify the following:
(a) the land proposed for biodiversity certification,
(b) the land proposed for biodiversity conservation (being any land on or in
respect of which the conservation measures are to be implemented),
(c) the proposed conservation measures,
(d) the parties required to implement the conservation measures.
Conservation measures include:
(a) the adoption or continuation of development controls under the Planning Act
that limit or prohibit development on land or the taking of any other measures
under that Act that conserve or enhance the natural environment, and
(b) the entering into of a biodiversity certification agreement, and
(c) the entering into of a planning agreement under the Planning Act that makes
provision for development contributions to be used or applied towards the
conservation or enhancement of the natural environment, and
(d) the making of a State infrastructure contribution under the Planning Act for the
conservation or enhancement of the natural environment, and
(e) certain other measures relating to the conservation, use and management of
land.
The Bill sets out further requirements applicable to an application for biodiversity
certification, including public notification requirements.
Assessment of application for biodiversity certification
Biodiversity certification may be conferred only if biodiversity certification will
improve or maintain biodiversity values.
Biodiversity certification will improve or maintain biodiversity values only if the
Minister determines, on the basis of a biodiversity certification assessment, that
certification will improve or maintain biodiversity values. A biodiversity
certification assessment is an assessment of the effect of biodiversity certification on
Explanatory note page 3
Threatened Species Conservation Amendment (Biodiversity Certification) Bill 2010
Explanatory note
biodiversity values. The assessment is to be made in accordance with the biodiversity
certification assessment methodology, and not otherwise.
The Minister may, in a particular case, permit a minor variation to be made to the
biodiversity certification assessment methodology in certain circumstances.
The Minister must refuse to confer certification if the certification does not improve
or maintain biodiversity values. The Bill also confers broad powers on the Minister
to refuse to confer biodiversity certification in other circumstances.
Biodiversity certification assessment methodology
The Bill enables the Minister, by order published in the Gazette, to make rules with
respect to the circumstances in which biodiversity certification is to be regarded as
improving or maintaining biodiversity values.
In particular, the rules are to establish a methodology for assessing:
(a) the loss of biodiversity values on land proposed for biodiversity certification,
and
(b) the impact, or likely impact, of proposed conservation measures on land
proposed for biodiversity conservation.
The Bill makes provision for:
(a) publication of the proposed methodology, and of any proposed change to the
methodology, including requirements for public consultation, and
(b) the circumstances in which changes to the methodology do not require public
consultation.
Conferral, extension and review of certification
The Minister may, in an order conferring biodiversity certification, specify any
approved measures under the biodiversity certification. The approved measures are
as follows:
(a) the proposed conservation measures on which the biodiversity certification
assessment was based,
(b) any requirements, as determined by the Minister, as to the timing of the
implementation of the proposed conservation measures,
(c) any requirements, as determined by the Minister, as to monitoring, reporting
or auditing of the implementation of proposed conservation measures,
(d) any other matters provided for by the regulations.
The Minister may require a party to the biodiversity certification to comply with the
approved measures. A planning authority that applies for biodiversity certification is
a party to any biodiversity certification that is conferred as a consequence of the
application. Other persons or bodies may also be named as parties to the biodiversity
certification, with their consent.
The Bill makes provision for the duration of biodiversity certification, extension of
biodiversity certification and the periodic review of biodiversity certification.
Explanatory note page 4
Threatened Species Conservation Amendment (Biodiversity Certification) Bill 2010
Explanatory note
Enforcement of approved measures
The Minister may require a party to a biodiversity certification to rectify any failure
to comply with the approved measures under the biodiversity certification. The
Minister may require a party who fails to comply with the requirement to pay to the
Minister a penalty based on the cost of implementing the approved measures or
equivalent conservation measures.
A party to biodiversity certification (other than a government authority) may appeal
to the Land and Environment Court against a decision of the Minister to make an
order against the party. If the party concerned is a government authority (that is, a
Minister or a public authority) a dispute concerning the implementation of the
approved measures may be submitted to the Premier for settlement.
Biodiversity certification agreements
The Bill enables the Minister to enter into an agreement with another person in
connection with biodiversity certification (including a proposed conferral, extension
or modification of biodiversity certification). The agreement (a biodiversity
certification agreement) may require a person to make monetary contributions to the
Minister, to dedicate land or to carry out certain works on land owned by the person.
It may also make other provision with respect to conservation measures agreed to be
implemented by the person.
An agreement may be registered on the title of land so that it is binding on successors
in title.
The Bill makes provision for the following:
(a) the duration of biodiversity certification agreements,
(b) the enforcement of biodiversity certification agreements,
(c) variation to agreements.
The regulations may make further provision in respect of biodiversity certification
agreements.
Suspension, revocation and modification of certification
The Minister may, by order published in the Gazette, suspend or revoke any
biodiversity certification. The Bill provides for the grounds on which this action can
be taken, with the key ground being a failure to comply with the approved measures
under the biodiversity certification.
The Minister may, by order published in the Gazette, modify any biodiversity
certification by:
(a) modifying the description of the land that is biodiversity certified (to extend or
limit biodiversity certification), or
(b) modifying the approved measures under the biodiversity certification.
Biodiversity certification may be modified on the Minister's own initiative on
specified grounds (including a failure to comply with the approved measures).
Explanatory note page 5
Threatened Species Conservation Amendment (Biodiversity Certification) Bill 2010
Explanatory note
Biodiversity certification may also be modified on the application of a party to the
biodiversity certification.
A party to a biodiversity certification (other than a government authority) may appeal
to the Land and Environment Court against a decision of the Minister to suspend,
revoke or modify biodiversity certification. If the party concerned is a government
authority, a dispute concerning the Minister's decision may be submitted to the
Premier for settlement.
Other general matters
The Bill makes provision for the notification of biodiversity certification and
changes to biodiversity certification.
The suspension, revocation or expiry of biodiversity certification does not affect the
obligations of parties to the biodiversity certification, or parties to an agreement
entered into in connection with the biodiversity certification, unless the Minister
otherwise directs.
The suspension, revocation, modification or expiry of biodiversity certification does
not affect any consent or approval given, or activity commenced, under the Planning
Act before the suspension, revocation, modification or expiry. The Minister may
determine the application of the suspension, revocation or modification to matters
pending under the Planning Act. The regulations may make further provision in
relation to an expiry of biodiversity certification.
The Bill also makes provision for the following:
(a) the arrangements for settlement of disputes under the biodiversity certification
provisions between government authorities and the Minister,
(b) the use of enforcement powers by authorised officers to investigate
compliance with the approved measures under a biodiversity certification or
with a biodiversity certification agreement,
(c) the effect of a failure to comply with procedural requirements,
(d) power to make regulations in connection with the operation of the new
provisions,
(e) other matters of a related or consequential nature.
Amendments relating to repeal of former biodiversity certification
arrangements
Schedule 1 [3] repeals the existing arrangements under which biodiversity
certification can be conferred on an environmental planning instrument (EPI).
Schedule 1 [14] saves those arrangements in relation to any EPI which is certified
before the repeal of those arrangements or which is the subject of a proposal to confer
biodiversity certification that is advertised or publicly exhibited before the repeal of
those arrangements.
Explanatory note page 6
Threatened Species Conservation Amendment (Biodiversity Certification) Bill 2010
Explanatory note
The provisions largely continue the existing arrangements for those EPIs, with the
following modifications:
(a) the new provisions make it clear that an established EPI (that is, an EPI that is
in force) can be certified,
(b) the new provisions require any certification that is conferred after the repeal of
the former arrangements to specify any relevant measures to be taken under
the certification and any conditions of the certification,
(c) the new provisions make it clear that a failure to comply with the relevant
measures or to implement any conditions of the certification does not
invalidate the certification, but is a ground for suspension or revocation of the
certification,
(d) the new provisions require the Minister to undertake periodic reviews of any
biodiversity certification conferred on an EPI under the former arrangements.
The amendments also contain other provisions of a consequential nature.
Schedule 1 [10][13] make changes to the existing arrangements under Part 7A of
Schedule 7 to the principal Act, which confer biodiversity certification on the
Growth Centres SEPP. At present, those arrangements partly rely on provisions in
the main body of the principal Act relating to the biodiversity certification of EPIs
generally (that is, Division 5 of Part 7 of the Act). As those provisions are being
repealed, the amendments transfer the relevant provisions to Part 7 of Schedule 7.
Schedule 1 [9] makes it clear that biodiversity certification applies to any
development that may be carried out on the subject land, including development that
may be carried out under another EPI (besides the Growth Centres SEPP) that applies
to the subject land.
Other amendments
Schedule 1 [5] removes the definitions of consent authority and owner from Part 7
of the principal Act. These definitions are transferred to the front of the principal Act
by Schedule 1 [1]. The definition of owner is extended to permit the regulations to
prescribe other persons who are taken to be the owner of land and is updated to
remove a reference to a repealed Act.
Schedule 1 [1] also inserts a definition of Planning Act in the front of the Act.
Schedule 1 [2] is a consequential amendment.
Schedule 1 [6] is an amendment that is consequential on the new biodiversity
certification arrangements. The amendment enables assessors to be accredited for the
purposes of the scheme.
Schedule 1 [7] removes a provision that requires a review to be carried out of EPIs
that are granted biodiversity certification. The provisions in Schedule 1 [14] enable
the Minister to undertake periodic reviews of biodiversity certification.
Schedule 1 [8] enables savings and transitional regulations to be made as a
consequence of the enactment of the proposed Act.
Explanatory note page 7
Threatened Species Conservation Amendment (Biodiversity Certification) Bill 2010
Explanatory note
Schedule 2 Amendment of other legislation
Schedule 2.1 [1], [3], [4] and [5] insert notes in the Planning Act to alert readers to
the impact of the biodiversity certification arrangements on relevant provisions of
those Acts.
Schedule 2.1 [2] transfers a provision from the Threatened Species Conservation
Act 1995 (currently section 126N) to the Planning Act. The provision relates to the
imposition of conditions on the grant of concurrence to development by the
Director-General of Department of Environment, Climate Change and Water.
Schedule 2.1 [6] is a consequential amendment.
Schedule 2.2 amends the Environmental Planning and Assessment Regulation 2000:
(a) to require an indication as to whether biodiversity certification arrangements
apply in respect of development to be included in a development application,
and
(b) to make it clear that a species impact statement is not required in relation to a
development application if the biodiversity certification arrangements apply,
and
(c) to require a planning certificate to include an indication that land is
biodiversity certified land.
Schedule 2.3 amends the Land and Environment Court Act 1979 to require appeals
to the Land and Environment Court under the new biodiversity certification
arrangements to be heard in the class 1 jurisdiction of that Court.
Schedule 2.4 amends the National Parks and Wildlife Act 1974 so that:
(a) money received in the administration of the biodiversity certification scheme
is not paid into the National Parks and Wildlife Fund under that Act, and
(b) the costs incurred by the Minister in connection with the scheme are not paid
from that Fund.
Schedule 2.5 amends the Native Vegetation Act 2003 so that biodiversity certified
land is excluded from the operation of that Act.
Explanatory note page 8
First print
New South Wales
Threatened Species Conservation
Amendment (Biodiversity Certification)
Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Threatened Species Conservation Act
1995 No 101 3
Schedule 2 Amendment of other legislation 34
b2010-027-40.d17
New South Wales
Threatened Species Conservation
Amendment (Biodiversity Certification)
Bill 2010
No , 2010
A Bill for
An Act to amend the Threatened Species Conservation Act 1995 to make further
provision for biodiversity certification and to make related amendments to other
legislation.
Threatened Species Conservation Amendment (Biodiversity Certification)
Clause 1 Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Threatened Species Conservation Amendment 3
(Biodiversity Certification) Act 2010. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Threatened Species Conservation Amendment (Biodiversity Certification)
Bill 2010
Amendment of Threatened Species Conservation Act 1995 No 101 Schedule 1
Schedule 1 Amendment of Threatened Species 1
Conservation Act 1995 No 101 2
[1] Section 4 Definitions 3
Insert in alphabetical order in section 4 (1): 4
consent authority has the same meaning as in the Planning Act. 5
owner, in relation to land, includes: 6
(a) every person who, either at law or in equity: 7
(i) is entitled to the land for any estate of freehold in 8
possession, or 9
(ii) is a person to whom the Crown has lawfully 10
contracted to sell the land under the Crown Lands 11
Act 1989 or any other Act relating to the alienation 12
of lands of the Crown, or 13
(iii) is entitled to receive, or is in receipt of, or if the land 14
were let to a tenant would be entitled to receive, the 15
rents and profits in respect of the land, whether as 16
beneficial owner, trustee, mortgagee in possession 17
or otherwise, and 18
(b) a person who leases land under the Crown Lands Act 1989, 19
the Crown Lands (Continued Tenures) Act 1989 or the 20
Western Lands Act 1901), and 21
(c) any other person who, under the regulations, is taken to be 22
the owner of land. 23
Planning Act means the Environmental Planning and 24
Assessment Act 1979. 25
[2] The whole Act (except the long title and Schedule 7) 26
Omit "Environmental Planning and Assessment Act 1979" wherever 27
occurring. 28
Insert instead "Planning Act". 29
[3] Part 7, Division 5 Biodiversity certification of environmental planning 30
instruments 31
Omit the Division. 32
Page 3
Threatened Species Conservation Amendment (Biodiversity Certification)
Bill 2010
Schedule 1 Amendment of Threatened Species Conservation Act 1995 No 101
[4] Part 7AA 1
Insert after Part 7: 2
Part 7AA Biodiversity certification 3
Division 1 Preliminary 4
126G Definitions 5
In this Part: 6
approved measures under a biodiversity certification means the 7
approved measures as specified in an order that confers, extends 8
or modifies the biodiversity certification. 9
biodiversity certification means biodiversity certification 10
conferred on land under this Part. 11
biodiversity certification assessment--see section 126P. 12
biodiversity certification assessment methodology or 13
methodology means the rules made under section 126S. 14
biodiversity certified land means land on which biodiversity 15
certification has been conferred and in respect of which 16
biodiversity certification is in force. 17
government authority means a Minister or a public authority, but 18
does not include a State owned corporation. 19
party to a biodiversity certification means a person or body 20
identified in an order under this Part as a party to the biodiversity 21
certification. 22
planning authority means: 23
(a) the Minister for Planning, or 24
(b) a local council, or 25
(c) a determining authority (within the meaning of Part 5 of 26
the Planning Act), or 27
(d) the Director-General of the Department of Planning, or 28
(e) any other person or body declared by the regulations to be 29
a planning authority. 30
Division 2 Biodiversity certification 31
126H Biodiversity certification 32
The Minister may, by order published in the Gazette, confer 33
biodiversity certification on specified land. 34
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Threatened Species Conservation Amendment (Biodiversity Certification)
Bill 2010
Amendment of Threatened Species Conservation Act 1995 No 101 Schedule 1
126I Effect of biodiversity certification 1
(1) Projects under Part 3A of the Planning Act 2
The environmental assessment requirements for the approval of 3
a project, or a concept plan for a project, under Part 3A of the 4
Planning Act do not require an assessment of the impact of the 5
project on biodiversity values if the project is carried out or 6
proposed to be carried out on biodiversity certified land. 7
(2) Development under Part 4 of the Planning Act 8
Development on biodiversity certified land is taken, for the 9
purposes of Part 4 of the Planning Act, to be development that is 10
not likely to significantly affect any threatened species, 11
population or ecological community under this Act, or its habitat. 12
(3) A consent authority, when determining a development 13
application in relation to development on biodiversity certified 14
land under Part 4 of the Planning Act, is not required to take into 15
consideration the likely impact of the development on 16
biodiversity values (despite any provision of the Planning Act or 17
any regulation or instrument made under that Act). 18
(4) Activities under Part 5 of the Planning Act 19
An activity to which Part 5 of the Planning Act applies which is 20
carried out or proposed to be carried out on biodiversity certified 21
land is taken, for the purposes of Part 5 of the Planning Act, to be 22
an activity that is not likely to significantly affect any threatened 23
species, population or ecological community under this Act, or its 24
habitat. 25
(5) A determining authority under Part 5 of the Planning Act is not 26
required under that Part to consider the effect on biodiversity 27
values of an activity carried out on biodiversity certified land 28
(despite section 111 of the Planning Act). 29
(6) Native Vegetation Act 30
The Native Vegetation Act 2003 does not apply to biodiversity 31
certified land. 32
Division 3 Application for biodiversity certification 33
126J Who may apply for biodiversity certification 34
(1) An application for biodiversity certification may be made to the 35
Minister by any planning authority. 36
(2) An application may also be made jointly by 2 or more planning 37
authorities. 38
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Threatened Species Conservation Amendment (Biodiversity Certification)
Bill 2010
Schedule 1 Amendment of Threatened Species Conservation Act 1995 No 101
126K Certification not to be conferred without biodiversity certification 1
strategy 2
(1) Biodiversity certification may be conferred on land only if the 3
applicant has a biodiversity certification strategy. 4
(2) A biodiversity certification strategy is a policy or strategy for the 5
implementation of conservation measures to ensure that the 6
overall effect of biodiversity certification is to improve or 7
maintain biodiversity values. 8
(3) The biodiversity certification strategy is to be used as the basis 9
for the assessment of the application for biodiversity 10
certification. 11
(4) A biodiversity certification strategy is to identify the following: 12
(a) the land proposed for biodiversity certification, 13
(b) the land proposed for biodiversity conservation (being any 14
land on or in respect of which conservation measures are 15
to be implemented), 16
(c) the proposed conservation measures, 17
(d) any person or body proposed as a party to the biodiversity 18
certification. 19
Note. Parties to a biodiversity certification are responsible for the 20
implementation of the proposed conservation measures. 21
(5) The land proposed for biodiversity conservation must comply 22
with any requirements (whether geographic or scientific) 23
provided for by the biodiversity certification assessment 24
methodology. 25
(6) The Minister may issue guidelines for the preparation of 26
biodiversity certification strategies. 27
126L Conservation measures 28
(1) Each of the following measures is a conservation measure for 29
the purposes of this Part: 30
(a) the adoption or continuation of development controls 31
under the Planning Act that limit or prohibit development 32
on land or the taking of any other measures under that Act 33
that conserve or enhance the natural environment, 34
(b) the entering into of a biodiversity certification agreement 35
under this Part, 36
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Threatened Species Conservation Amendment (Biodiversity Certification)
Bill 2010
Amendment of Threatened Species Conservation Act 1995 No 101 Schedule 1
(c) the entering into of a planning agreement under the 1
Planning Act that makes provision for development 2
contributions to be used or applied towards the 3
conservation or enhancement of the natural environment, 4
(d) the making of a State infrastructure contribution under the 5
Planning Act for the conservation or enhancement of the 6
natural environment, 7
(e) the entering into of a conservation agreement under the 8
Environment Protection and Biodiversity Conservation 9
Act 1999 of the Commonwealth, 10
(f) the reservation of land under Part 4 of the NPW Act, 11
(g) the entering into of a conservation agreement under the 12
NPW Act in relation to land, 13
(h) the entering into of a trust agreement under the Nature 14
Conservation Trust Act 2001, 15
(i) the entering into of a biobanking agreement under Part 7A 16
of this Act, 17
(j) the acquisition or retirement of biodiversity credits under 18
Part 7A of this Act, 19
(k) the adoption of a plan of management for a reserve under 20
Division 6 of Part 5 of the Crown Lands Act 1989, 21
(l) the adoption of a plan of management for land under 22
Division 2 of Part 2 of Chapter 6 of the Local Government 23
Act 1993, 24
(m) the dedication or setting apart of any land as a flora reserve 25
under section 25A of the Forestry Act 1916, 26
(n) consent to a property vegetation plan for land under the 27
Native Vegetation Act 2003 (not being a plan that proposes 28
broadscale clearing of native vegetation within the 29
meaning of that Act), 30
(o) any other measure that the Minister determines to be a 31
conservation measure. 32
(2) This section is subject to any requirements of the biodiversity 33
certification assessment methodology. 34
126M Biodiversity certification application 35
(1) An application for biodiversity certification must be made to the 36
Minister. 37
(2) The application must be made in a form approved by the 38
Minister. 39
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Threatened Species Conservation Amendment (Biodiversity Certification)
Bill 2010
Schedule 1 Amendment of Threatened Species Conservation Act 1995 No 101
(3) The application must include particulars of the applicant's 1
biodiversity certification strategy. 2
(4) The Minister may require an applicant to submit evidence that 3
any person or body identified in the biodiversity certification 4
strategy as a proposed party to the biodiversity certification 5
consents to being made a party to the biodiversity certification. 6
(5) The regulations may require other things to be submitted with the 7
application. 8
(6) A planning authority may enter into an agreement with a person 9
who requests the authority to make an application for biodiversity 10
certification for the payment of any costs and expenses incurred 11
by the authority in undertaking studies and other matters required 12
in relation to the application. 13
126N Public notification requirements in relation to application 14
(1) Land cannot be biodiversity certified unless the applicant has 15
complied with the public notification requirements in relation to 16
the application for biodiversity certification. 17
(2) The public notification requirements in relation to an application 18
for biodiversity certification are as follows: 19
(a) an applicant must publish notice of the application for 20
biodiversity certification in a newspaper circulating 21
generally throughout the State and on the applicant's 22
website, 23
(b) the notice must invite the public to make submissions 24
relating to the application before a closing date for 25
submissions specified in the notice (being a date that is not 26
less than 30 days after the date the notice is first published 27
in a newspaper under this section), 28
(c) until the closing date for submissions, an applicant is to 29
cause copies of the application to be exhibited at its 30
principal office in New South Wales and on its website, 31
(d) an applicant must provide a report to the Minister that 32
indicates the applicant's response to any submissions 33
relating to the application that were received before the 34
closing date. 35
(3) A planning authority may vary its application for biodiversity 36
certification (including its biodiversity certification strategy) as a 37
consequence of any submission received following public 38
notification of the application or for any other reason. 39
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Threatened Species Conservation Amendment (Biodiversity Certification)
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Amendment of Threatened Species Conservation Act 1995 No 101 Schedule 1
(4) Further public notification of the application, as varied, is not 1
required unless the Minister otherwise directs. 2
Division 4 Assessment of application for biodiversity 3
certification 4
126O Biodiversity certification to be conferred only if biodiversity values 5
are improved or maintained 6
The Minister may confer biodiversity certification only if 7
biodiversity certification improves or maintains biodiversity 8
values. 9
126P When does biodiversity certification improve or maintain 10
biodiversity values 11
(1) For the purposes of this Part, biodiversity certification improves 12
or maintains biodiversity values only if the Minister determines, 13
on the basis of a biodiversity certification assessment, that the 14
overall effect of biodiversity certification is to improve or 15
maintain biodiversity values. 16
(2) A biodiversity certification assessment is an assessment of the 17
effect of biodiversity certification on biodiversity values. 18
(3) A biodiversity certification assessment is to be made in 19
accordance with the biodiversity certification assessment 20
methodology, and not otherwise. 21
(4) This section applies to biodiversity certification as extended or 22
modified under this Part in the same way as it applies to the 23
conferral of biodiversity certification. 24
126Q Minor variations to methodology permitted 25
(1) The Minister may, for the purpose of a biodiversity certification 26
assessment, permit a variation to be made to the biodiversity 27
certification assessment methodology if the Minister is of the 28
opinion that: 29
(a) the variation to the methodology is minor, and 30
(b) the variation would result in a determination that the 31
overall effect of biodiversity certification is to improve or 32
maintain biodiversity values, and 33
(c) strict adherence to the methodology is in the particular 34
case unreasonable and unnecessary. 35
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Threatened Species Conservation Amendment (Biodiversity Certification)
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Schedule 1 Amendment of Threatened Species Conservation Act 1995 No 101
(2) A variation to the biodiversity certification assessment 1
methodology is not to be permitted if the Minister is of the 2
opinion that the variation is inconsistent with the classification of 3
a plant species as a threatened species or as a component of an 4
endangered ecological community. 5
(3) The Minister must cause his or her reasons for permitting a 6
variation to be made to the biodiversity certification assessment 7
methodology to be published on the website of the Department. 8
(4) The regulations may make further provision for the 9
circumstances in which the Minister may permit a variation to be 10
made to the biodiversity certification assessment methodology 11
under this section. 12
126R Refusal to confer certification 13
(1) The Minister must refuse to confer biodiversity certification if 14
biodiversity certification does not improve or maintain 15
biodiversity values. 16
(2) In addition, the Minister may refuse to confer biodiversity 17
certification: 18
(a) if the application for certification does not comply with 19
this Part or the regulations, or 20
(b) if, in the opinion of the Minister, insufficient information 21
is provided to enable biodiversity certification to be 22
conferred, or 23
(c) if, in the opinion of the Minister, the certification 24
application does not sufficiently address the biodiversity 25
certification assessment methodology, or 26
(d) for any other reason the Minister considers sufficient. 27
Division 5 Biodiversity certification assessment 28
methodology 29
126S Biodiversity certification assessment methodology 30
(1) The Minister may, by order published in the Gazette, make rules 31
with respect to the circumstances in which biodiversity 32
certification is to be regarded as improving or maintaining 33
biodiversity values. 34
(2) In particular, the rules are to establish a methodology for 35
assessing: 36
(a) the loss of biodiversity values on land proposed for 37
biodiversity certification, and 38
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(b) the impact, or likely impact, of proposed conservation 1
measures on land proposed for biodiversity conservation 2
(including conservation measures that are proposed to be 3
implemented in the future). 4
(3) The rules may make provision for any loss of biodiversity values 5
that cannot be offset by conservation measures. 6
(4) The rules must comply with any requirements of the regulations. 7
(5) Subject to any requirements of the regulations, refraining from 8
doing any thing (whether or not that thing was being done 9
beforehand) may be treated by the rules as an action that 10
improves biodiversity values, if refraining from doing that thing 11
improves biodiversity values or the long term security of 12
biodiversity values. 13
(6) A methodology provided for by the rules may include provision 14
for the use of specified computer programs or databases. 15
(7) A decision of the Director-General made under the rules is final 16
and not subject to appeal. 17
126T Establishment of methodology 18
The biodiversity certification assessment methodology is not to 19
be made unless: 20
(a) notice of the proposed methodology has been given, in 21
accordance with the public consultation requirements 22
applicable to the methodology, and 23
(b) the Director-General has provided a report to the Minister 24
on the public consultation, and 25
(c) the Minister has considered the report. 26
126U Changes to methodology 27
(1) The Minister may, by order published in the Gazette, change the 28
biodiversity certification assessment methodology by: 29
(a) amending the methodology, or 30
(b) repealing and replacing the methodology. 31
(2) The biodiversity certification assessment methodology is not to 32
be changed unless: 33
(a) notice of the proposed change has been given, in 34
accordance with the public consultation requirements 35
applicable to the methodology, and 36
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(b) the Director-General has provided a report to the Minister 1
on the public consultation, and 2
(c) the Minister has considered the report. 3
126V Public consultation requirements applicable to methodology 4
(1) The public consultation requirements applicable to the 5
methodology are as follows: 6
(a) the Director-General is to cause notice of the proposed 7
methodology or change to the methodology (as the case 8
requires) to be published in a newspaper circulating 9
generally throughout the State and on the website of the 10
Department, 11
(b) the notice must invite the public to make written 12
submissions to the Director-General on the proposal 13
before a closing date for submissions specified in the 14
notice (being a date that is not less than 30 days after the 15
date the notice is first published in a newspaper under this 16
section), 17
(c) until the closing date for submissions, the 18
Director-General is to cause copies of the proposed 19
methodology or change to the methodology, and any other 20
explanatory material or information the Director-General 21
considers appropriate, to be exhibited at the head office of 22
the Department and on the website of the Department. 23
(2) After the closing date for submissions, the Director-General is to 24
provide a report to the Minister on the public consultation that: 25
(a) summarises the main issues raised in any submissions 26
received before the closing date for submissions, and 27
(b) makes such recommendations as the Director-General 28
considers appropriate in relation to those submissions. 29
126W Minor changes to methodology not requiring public consultation 30
(1) The Minister may make an order that amends the biodiversity 31
certification assessment methodology without complying with 32
the public consultation requirements applicable to the 33
methodology if: 34
(a) the Minister is of the opinion that the amendment is of a 35
minor nature, and 36
(b) the Minister certifies in writing that the amendment is of a 37
minor nature. 38
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(2) Without limiting the circumstances in which an amendment can 1
be regarded as being of a minor nature, amendments of a minor 2
nature include amendments that: 3
(a) correct any minor error or omission in the biodiversity 4
certification assessment methodology, such as a spelling 5
or grammatical error, a redundant or obsolete reference, 6
obviously missing words, or wrong cross-references, or 7
(b) make any other change necessary to address matters that 8
are of a consequential, transitional, machinery or other 9
minor nature. 10
126X Publication of methodology 11
(1) The Director-General is to ensure that a copy of the biodiversity 12
certification assessment methodology is available for public 13
inspection: 14
(a) at the head office of the Department, and 15
(b) on the website of the Department. 16
(2) Copies of the biodiversity certification assessment methodology, 17
or of any part of the methodology, are to be made available to the 18
public on request, on payment of a fee (if any) fixed by the 19
Minister. 20
Division 6 Conferral, extension and review of 21
biodiversity certification 22
126Y Approved measures under biodiversity certification 23
(1) The Minister may, in an order conferring biodiversity 24
certification, specify any approved measures under the 25
biodiversity certification. 26
(2) The following matters may be specified as approved measures 27
under a biodiversity certification: 28
(a) the proposed conservation measures on which the relevant 29
biodiversity certification assessment was based, 30
(b) any requirements, as determined by the Minister, as to the 31
timing of the implementation of the proposed conservation 32
measures, 33
(c) any requirements, as determined by the Minister, as to 34
monitoring, reporting or auditing of the implementation of 35
proposed conservation measures, 36
(d) any other matters provided for by the regulations. 37
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(3) This section applies to an order extending or modifying 1
biodiversity certification in the same way as it applies to an order 2
conferring biodiversity certification. 3
126Z Parties to biodiversity certification 4
(1) The Minister may, in an order conferring biodiversity 5
certification, identify the party or parties to the biodiversity 6
certification. 7
(2) The following persons or body may be identified as parties to a 8
biodiversity certification: 9
(a) the planning authority, or planning authorities, that applied 10
for the biodiversity certification, 11
(b) any person or body proposed by the applicant as a party to 12
the biodiversity certification who consents to being made 13
a party to the biodiversity certification. 14
(3) After biodiversity certification is conferred, the Minister may, by 15
further order published in the Gazette, identify a person or body 16
as a party to the biodiversity certification (in addition to, or in 17
substitution for, any person or body previously identified as a 18
party), but only if the person or body to be identified as a party 19
consents to being made a party to the biodiversity certification. 20
(4) The regulations may make further provision for the 21
circumstances in which a person or body may be identified as a 22
party to a biodiversity certification in addition to, or in 23
substitution for, another person or body. 24
(5) Subject to the regulations, this section applies to an order 25
extending or modifying biodiversity certification in the same way 26
as it applies to an order conferring biodiversity certification. 27
(6) Consent to being made a party to a biodiversity certification 28
cannot be withdrawn by a person or body after the person or body 29
has been made a party to the biodiversity certification. 30
126ZA Duration of biodiversity certification 31
(1) Biodiversity certification remains in force indefinitely or for such 32
period as the Minister determines and specifies in the order 33
conferring certification. 34
(2) This section does not prevent the extension of biodiversity 35
certification or the further biodiversity certification of land. 36
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126ZB Extension of biodiversity certification 1
(1) The Minister may, by order published in the Gazette, extend the 2
period for which any biodiversity certification remains in force. 3
(2) Biodiversity certification may be extended at any time before it 4
expires. 5
(3) Biodiversity certification may be extended only if biodiversity 6
certification, as extended, improves or maintains biodiversity 7
values. 8
Note. See Division 4 for the circumstances in which biodiversity 9
certification improves or maintains biodiversity values. 10
(4) A biodiversity certification assessment in relation to the proposed 11
extension is to take account of any proposed modifications to the 12
description of the land proposed for biodiversity certification and 13
the approved measures under the biodiversity certification 14
(whether the modifications are proposed as a result of changes to 15
the relevant biodiversity certification strategy or otherwise). 16
(5) A biodiversity certification assessment in relation to the proposed 17
extension may take account of the impact of conservation 18
measures that have already been implemented in connection with 19
the biodiversity certification. 20
(6) The regulations may make further provision for or with respect to 21
the extension of biodiversity certification. 22
126ZC Review of biodiversity certification 23
(1) The Minister is to undertake periodic reviews of any biodiversity 24
certification. 25
(2) A review is not required if less than 15 years has elapsed since the 26
biodiversity certification was conferred or the most recent review 27
was completed. 28
Division 7 Enforcement of approved measures 29
126ZD Compliance with approved measures 30
(1) The Minister may, by order in writing, require a party to a 31
biodiversity certification to rectify any failure to comply with the 32
approved measures under the biodiversity certification: 33
(a) by implementing any of the approved measures within a 34
time specified in the order, or 35
(b) by implementing any equivalent conservation measures 36
within a time specified in the order. 37
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(2) If a party to biodiversity certification fails to comply with the 1
order within the specified time, or any further time allowed by the 2
Minister, the Minister may, by order in writing, require the party 3
to pay to the Minister a specified penalty. 4
(3) The penalty is to be the amount the Minister considers reasonable 5
to cover the costs of implementing the relevant approved 6
measures or equivalent conservation measures. 7
(4) A penalty imposed under this section may be recovered by the 8
Minister as a debt due to the Crown in any court of competent 9
jurisdiction. 10
(5) This section does not limit the power of the Minister to suspend, 11
revoke or modify biodiversity certification for a failure to comply 12
with the approved measures under a biodiversity certification. 13
126ZE Equivalent conservation measures 14
(1) A reference in this Part to equivalent conservation measures, in 15
relation to the approved measures under a biodiversity 16
certification, is a reference to conservation measures that are 17
determined by the Minister to achieve the same biodiversity 18
standard as the approved measures. 19
(2) The biodiversity standard of the approved measures under a 20
biodiversity certification is the standard by which biodiversity 21
values are improved or maintained by the biodiversity 22
certification, as quantified by the biodiversity certification 23
assessment on which the conferral of biodiversity certification 24
was based. 25
126ZF Appeals 26
(1) A party to a biodiversity certification who is dissatisfied with a 27
decision of the Minister to require the party to rectify a failure to 28
comply with the approved measures may appeal to the Land and 29
Environment Court against the decision. 30
(2) A party to a biodiversity certification who is dissatisfied with a 31
decision of the Minister to require the party to pay a penalty under 32
this Division may appeal to the Land and Environment Court 33
against the decision. 34
(3) An appeal may be made by a party to a biodiversity certification 35
no later than 3 months after being notified by the Minister of the 36
decision. 37
(4) This section does not confer a right of appeal on a party to a 38
biodiversity certification if the party is a government authority. 39
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126ZG Disputes between Minister and other government authorities 1
(1) A dispute between a government authority which is a party to a 2
biodiversity certification and the Minister as to any of the 3
following matters may be referred to the Premier for settlement: 4
(a) a failure by the party to comply with any of the approved 5
measures under the biodiversity certification or to 6
implement equivalent conservation measures, 7
(b) a decision of the Minister to require the party to pay a 8
penalty under this Division. 9
(2) The intra-government dispute resolution arrangements apply in 10
respect of the dispute. 11
Note. See Division 10 for intra-government dispute resolution 12
arrangements. 13
Division 8 Biodiversity certification agreements 14
126ZH Biodiversity certification agreements 15
(1) The Minister may enter into an agreement with a person in 16
connection with biodiversity certification (including a proposal 17
to confer, modify or extend biodiversity certification). 18
(2) The agreement may make provision for any or all of the 19
following: 20
(a) requiring the person to make monetary contributions to the 21
Minister for the purpose of improving biodiversity values, 22
(b) requiring the person to dedicate land for conservation 23
purposes, 24
(c) requiring the person to carry out specified actions, or to 25
refrain from carrying out specified actions, on land owned 26
by the person for the purpose of improving biodiversity 27
values, 28
(d) providing for any other conservation measures that the 29
person agrees to implement, 30
(e) requiring the person to provide security for the 31
performance of any of the person's obligations in 32
connection with biodiversity certification, 33
(f) providing for the timing of the implementation of any of 34
the person's obligations in connection with biodiversity 35
certification, 36
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(g) providing for monitoring, reporting and audit 1
requirements, 2
(h) providing for any other matter relating to biodiversity 3
certification. 4
(3) For the purposes of this Part, the agreement is a biodiversity 5
certification agreement. 6
(4) The Minister must not enter into a biodiversity certification 7
agreement relating to Crown land (within the meaning of the 8
Crown Lands Act 1989) except with the consent of the Minister 9
administering that Act. 10
126ZI Duration of agreements 11
(1) A biodiversity certification agreement has effect from a day, or 12
on the happening of an event, specified in the agreement. 13
(2) A biodiversity certification agreement has effect indefinitely, or 14
for the period specified in the agreement. 15
126ZJ Registered agreements run with land 16
(1) A biodiversity certification agreement that is registered by the 17
Registrar-General under this section is binding on, and is 18
enforceable against, the owner of the land from time to time as if 19
each owner for the time being had entered into the agreement. 20
(2) A biodiversity certification agreement can be registered by the 21
Registrar-General under this section if the following persons 22
agree to its registration: 23
(a) if the agreement relates to land under the Real Property 24
Act 1900--each person who has an estate or interest in the 25
land registered under that Act, 26
(b) if the agreement relates to land not under the Real Property 27
Act 1900--each person who is seised or possessed of an 28
estate or interest in the land. 29
(3) On lodgment by a person of an application for registration in a 30
form approved by the Registrar-General, the Registrar-General is 31
to register a biodiversity certification agreement: 32
(a) by making an entry in the relevant folio of the Register 33
kept under the Real Property Act 1900 if the agreement 34
relates to land under that Act, or 35
(b) by registering the agreement in the General Register of 36
Deeds if the agreement relates to land not under the Real 37
Property Act 1900. 38
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(4) This section applies to any amendment or revocation of a 1
biodiversity certification agreement in the same way as it applies 2
to the agreement. 3
(5) In this Part, a reference to a party to a biodiversity certification 4
agreement includes any owner of land against whom the 5
agreement is enforceable because of this section. 6
126ZK Enforcement of agreements 7
(1) The Minister, or a person acting with the written consent of the 8
Minister, may bring proceedings in the Land and Environment 9
Court for an order to remedy or restrain a contravention of a 10
biodiversity certification agreement. 11
(2) If the Court is satisfied that a contravention of the biodiversity 12
certification agreement has been committed or will, unless 13
restrained by order of the Court, be committed, it may make such 14
order as it thinks fit to remedy or restrain the contravention. 15
(3) In proceedings to remedy or restrain a contravention of a 16
biodiversity certification agreement, a consent to institute the 17
proceedings, purporting to have been signed by the Minister, is 18
evidence of that consent without proof of the signature of the 19
Minister. 20
126ZL Minister may order party to rectify contravention of agreement 21
(1) The Minister may, by order, require a party to a biodiversity 22
certification agreement to carry out specified work or other 23
actions on land owned by the person to rectify a contravention of 24
the agreement. 25
(2) The order is to specify the date by which the work or other actions 26
must be carried out. 27
(3) If the requirements of the order are not complied with by that 28
date, the Minister: 29
(a) may enter the land and cause the work or actions specified 30
in the order to be carried out, and 31
(b) may, by proceedings brought in any court of competent 32
jurisdiction, recover as a debt from the person to whom the 33
order was given the amount certified by the Minister as the 34
reasonable cost of complying with those requirements. 35
(4) This section does not prevent the Minister from seeking an award 36
of damages against a party to a biodiversity certification 37
agreement for a contravention of the biodiversity certification 38
agreement. 39
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126ZM Court cannot extinguish obligations 1
Section 89 of the Conveyancing Act 1919 does not authorise any 2
court to modify or wholly or partially extinguish any restriction 3
or obligation created by a biodiversity certification agreement 4
except with the consent of the Minister. 5
126ZN Regulations--biodiversity certification agreements 6
The regulations may make provision for or with respect to 7
biodiversity certification agreements, including the following: 8
(a) the form of biodiversity certification agreements, 9
(b) the subject-matter of biodiversity certification agreements, 10
(c) the making, amendment and revocation of biodiversity 11
certification agreements, including the giving of public 12
notice and inspection by the public, 13
(d) the public inspection of biodiversity certification 14
agreements after they have been made. 15
Division 9 Suspension, revocation and modification of 16
certification 17
126ZO Suspension and revocation of certification 18
(1) The Minister may, by order published in the Gazette, suspend or 19
revoke any biodiversity certification. 20
(2) Biodiversity certification may be suspended or revoked: 21
(a) if the approved measures under the biodiversity 22
certification have not been complied with to the 23
satisfaction of the Minister, or 24
(b) if the Minister is of the opinion that a party to the 25
biodiversity certification has failed to comply with an 26
order made by the Minister in respect of the party under 27
this Part, or 28
(c) if the Minister is of the opinion that any agreement entered 29
into in connection with the biodiversity certification has 30
been contravened, or 31
(d) if the Minister is no longer of the opinion that biodiversity 32
certification improves or maintains biodiversity values, or 33
(e) in any other circumstances prescribed by the regulations. 34
(3) The regulations may make further provision for or with respect to 35
the suspension or revocation of biodiversity certification. 36
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126ZP Modification of certification 1
(1) The Minister may, by order published in the Gazette, modify any 2
biodiversity certification by: 3
(a) modifying the description of land that is biodiversity 4
certified (to extend or limit biodiversity certification), or 5
(b) modifying the approved measures under the biodiversity 6
certification. 7
(2) Biodiversity certification may be modified: 8
(a) on application by a party to the biodiversity certification or 9
a party to a biodiversity certification agreement entered 10
into in connection with the biodiversity certification, or 11
(b) on the Minister's own initiative. 12
(3) Biodiversity certification may be modified only if biodiversity 13
certification, as modified, improves or maintains biodiversity 14
values. 15
Note. See Division 4 for the circumstances in which biodiversity 16
certification improves or maintains biodiversity values. 17
(4) A biodiversity certification assessment in relation to the proposed 18
modification is to take account of any proposed modifications to 19
the description of the land that is biodiversity certified and the 20
approved measures under the biodiversity certification (whether 21
the modifications are proposed as a result of changes to the 22
relevant biodiversity certification strategy or otherwise). 23
(5) A biodiversity certification assessment is not required in respect 24
of a proposed modification that substitutes equivalent 25
conservation measures for any of the approved measures under a 26
biodiversity certification. 27
Note. Equivalent conservation measures are conservation measures 28
that achieve the same biodiversity standard as the approved measures 29
under a biodiversity certification. 30
(6) The regulations may make further provision for or with respect to 31
the modification of biodiversity certification. 32
126ZQ Application for modification of biodiversity certification 33
(1) An application for modification of biodiversity certification must 34
be made in a form approved by the Minister. 35
(2) The application must include the particulars of the proposed 36
modification to biodiversity certification (including particulars of 37
any changes to the biodiversity certification strategy). 38
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(3) The regulations may require other things to be submitted with the 1
application. 2
126ZR Grounds for unilateral modification of certification 3
Biodiversity certification may be modified on the Minister's own 4
initiative: 5
(a) if the approved measures under the biodiversity 6
certification have not been complied with to the 7
satisfaction of the Minister, or 8
(b) if the Minister is of the opinion that a party to the 9
biodiversity certification has failed to comply with an 10
order made by the Minister in respect of the party under 11
this Part, or 12
(c) if the Minister is of the opinion that any agreement entered 13
into in connection with the biodiversity certification has 14
been contravened, or 15
(d) if the Minister is of the opinion that biodiversity 16
certification no longer improves or maintains biodiversity 17
values, or 18
(e) in any other circumstances prescribed by the regulations. 19
126ZS Appeals 20
(1) A party to a biodiversity certification, or a party to a biodiversity 21
certification agreement entered into in connection with a 22
biodiversity certification, who is dissatisfied with a decision of 23
the Minister to suspend, revoke or modify the biodiversity 24
certification may appeal to the Land and Environment Court 25
against the decision. 26
(2) An appeal may be made no later than 3 months after the order 27
suspending, revoking or modifying biodiversity certification is 28
published in the Gazette. 29
(3) This section does not confer a right of appeal on a party to a 30
biodiversity certification, or a party to a biodiversity certification 31
agreement, if the party is a government authority. 32
126ZT Disputes between the Minister and other government authorities 33
(1) A dispute between a government authority which is a party to a 34
biodiversity certification, or a party to a biodiversity certification 35
agreement entered into in connection with a biodiversity 36
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certification, and the Minister about any of the following matters 1
may be referred to the Premier for settlement: 2
(a) a decision of the Minister to suspend or revoke the 3
biodiversity certification, 4
(b) a decision of the Minister to modify the biodiversity 5
certification (otherwise than on the application of the 6
government authority). 7
(2) The intra-government dispute resolution arrangements apply in 8
respect of the dispute. 9
Note. See Division 10 for intra-government dispute resolution 10
arrangements. 11
Division 10 General 12
126ZU Notification of certification and changes to certification 13
(1) Notice of the conferral, extension, suspension, revocation or 14
modification of biodiversity certification is to be given, within 15
21 days: 16
(a) on the website of the Department, and 17
(b) to the Director-General of the Department of Planning, and 18
(c) to each local council that is the council of an area in which 19
the biodiversity certified land is located. 20
(2) The Minister must make reasonable endeavours to give notice of 21
the conferral, extension, suspension, revocation or modification 22
of biodiversity certification, within 21 days: 23
(a) to each party to the biodiversity certification, and 24
(b) to each party to a biodiversity certification agreement 25
entered into in connection with the biodiversity 26
certification. 27
(3) The Minister is to keep a register containing copies of any order 28
made under this Part conferring, extending, suspending, revoking 29
or modifying biodiversity certification. 30
(4) The register is to be open for public inspection, without charge, 31
during ordinary business hours, and copies of or extracts from the 32
register are to be made available to the public on request, on 33
payment of the fee fixed by the Minister. 34
(5) The regulations may make further provision for or with respect to 35
the notification of the conferral, extension, suspension, 36
revocation or modification of biodiversity certification. 37
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126ZV Suspension, revocation or expiry of biodiversity certification does 1
not affect obligations under certification 2
(1) The suspension, revocation or expiry of biodiversity certification 3
does not, unless the Minister otherwise directs: 4
(a) affect the obligations of a party to the biodiversity 5
certification under this Part, or 6
(b) affect any obligation a person has under a biodiversity 7
certification agreement entered into in connection with the 8
biodiversity certification. 9
(2) The obligations of a party to the biodiversity certification under 10
this Part include: 11
(a) the obligation to comply with the approved measures 12
under the biodiversity certification, and 13
(b) the obligation to comply with any order made by the 14
Minister in respect of the party under this Part (whether the 15
order is made before or after the suspension, revocation or 16
expiry). 17
126ZW Effect of changes to biodiversity certification on development and 18
other activities 19
(1) The suspension, revocation, modification or expiry of 20
biodiversity certification does not affect any of the following: 21
(a) any approval of a project under Part 3A of the Planning 22
Act granted before the suspension, revocation, 23
modification or expiry, 24
(b) any development consent under Part 4 of the Planning Act 25
granted before the suspension, revocation, modification or 26
expiry, 27
(c) any approval of a Part 5 Planning Act activity granted 28
before the suspension, revocation, modification or expiry, 29
(d) any Part 5 Planning Act activity carried out by a 30
determining authority that the determining authority 31
started to carry out before the suspension, revocation, 32
modification or expiry. 33
(2) The Minister may, in an order that suspends, revokes or modifies 34
biodiversity certification, specify the application of the 35
suspension, revocation or modification to anything pending 36
under the Planning Act at the time of the suspension, revocation 37
or modification. 38
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(3) The regulations may make provision for the application of this 1
Part to anything pending under the Planning Act at the time of the 2
expiry of any biodiversity certification. 3
(4) In this section: 4
determining authority has the same meaning as it has in Part 5 of 5
the Planning Act. 6
Part 5 Planning Act activity means an activity to which Part 5 of 7
the Planning Act applies. 8
126ZX Intra-government dispute resolution arrangements 9
(1) For the purposes of this Part, the intra-government dispute 10
resolution arrangements are the arrangements provided for by 11
this section. 12
(2) The Premier may, for the purpose of resolving a dispute referred 13
to the Premier under this Part: 14
(a) appoint a person or panel to hold an inquiry and make a 15
report to the Premier, or 16
(b) hold an inquiry into the dispute. 17
(3) After the completion of the inquiry, and after considering any 18
report, the Premier may make such order with respect to the 19
dispute, having regard to the public interest and to the 20
circumstances of the case, as the Premier thinks fit. 21
(4) An order made by the Premier may direct the payment of any 22
costs or expenses of or incidental to the holding of the inquiry. 23
(5) A government authority (including the Minister) is to comply 24
with an order given under this section and is, despite the 25
provisions of any Act, taken to have power to comply with any 26
such order. 27
(6) If a matter that is referred to the Premier under this Part is also the 28
subject of proceedings before the Land and Environment Court: 29
(a) the Premier may suspend or terminate action under this 30
section pending a decision of the Land and Environment 31
Court, and 32
(b) a decision of the Land and Environment Court prevails. 33
126ZY Powers of authorised officers 34
Without limiting section 156B of the NPW Act, the functions 35
conferred on an authorised officer by that section may also be 36
exercised for the purpose of determining whether there has been 37
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compliance with the approved measures under a biodiversity 1
certification or with a biodiversity certification agreement. 2
126ZZ Effect of failure to comply with procedural requirements 3
A conferral or extension of biodiversity certification, or the 4
modification of biodiversity certification, is not open to 5
challenge because of a failure to comply with the procedural 6
requirements of this Part after the order conferring, extending or 7
modifying the biodiversity certification has been published in the 8
Gazette. 9
126ZZA Part 5 of Planning Act does not apply to biodiversity certification 10
process 11
Biodiversity certification is not an approval for the purposes of 12
Part 5 of the Planning Act. 13
126ZZB Extent of biodiversity certification 14
Biodiversity certification does not apply in respect of, and does 15
not affect any requirements applicable to, threatened species, 16
populations and ecological communities under Part 7A of the 17
Fisheries Management Act 1994. 18
126ZZC Regulations 19
(1) The regulations may make further provision for or with respect to 20
biodiversity certification. 21
(2) In particular, the regulations may make provision for or with 22
respect to the charging (including the waiver or reduction) of fees 23
in connection with the operation of this Part. 24
[5] Section 127 Definitions 25
Omit the definitions of consent authority and owner from section 127 (1). 26
[6] Section 142B Director-General may accredit persons to prepare 27
assessments and surveys 28
Omit section 142B (1) (a). Insert instead: 29
(a) biodiversity certification of land under Part 7AA, or 30
[7] Section 157 Review of Act 31
Omit ", and any environmental planning instruments granted biodiversity 32
certification under Part 7," from section 157 (1). 33
Page 26
Threatened Species Conservation Amendment (Biodiversity Certification)
Bill 2010
Amendment of Threatened Species Conservation Act 1995 No 101 Schedule 1
[8] Schedule 7 Savings, transitional and other provisions 1
Insert at the end of clause 1 (1): 2
Threatened Species Conservation Amendment (Biodiversity 3
Certification) Act 2010 4
[9] Schedule 7 Savings, transitional and other provisions 5
Insert "(including development and activities that may be carried out under 6
another EPI that applies to the subject land)" after "Growth Centres SEPP" in 7
clause 18 (2) (b). 8
[10] Schedule 7, clause 19 9
Omit the clause. Insert instead: 10
19 Effect of biodiversity certification 11
(1) Development on the subject land is taken, for the purposes of 12
Part 4 of the Environmental Planning and Assessment Act 1979, 13
to be development that is not likely to significantly affect any 14
threatened species, population or ecological community, or its 15
habitat. 16
(2) An activity to which Part 5 of the Environmental Planning and 17
Assessment Act 1979 applies which is carried out or proposed to 18
be carried out on the subject land is taken, for the purposes of that 19
Part, to be an activity that is not likely to significantly affect any 20
threatened species, population or ecological community, or its 21
habitat. 22
[11] Schedule 7, clause 20 (2)(4) 23
Omit clause 20 (2). Insert instead: 24
(2) Prior to the expiration of the biodiversity certification conferred 25
by this Part, the Minister may, by order published in the Gazette, 26
extend by a period of up to 10 years the period for which that 27
certification remains in force, but only if the Minister has 28
reviewed the Growth Centres SEPP to take account of any new 29
listing of a species, population or ecological community or the 30
discovery of a species, population or ecological community not 31
previously known in an area. 32
Page 27
Threatened Species Conservation Amendment (Biodiversity Certification)
Bill 2010
Schedule 1 Amendment of Threatened Species Conservation Act 1995 No 101
(3) The Minister must not extend the period of biodiversity 1
certification of the Growth Centres SEPP unless, prior to granting 2
the extension, the Minister: 3
(a) by notice published in a newspaper circulating generally 4
throughout the State, invites persons to make written 5
submissions to the Minister on the proposed extension, and 6
(b) considers any written submissions received before the 7
closing date specified in the notice for the making of 8
submissions (being a date that is not less than 30 days after 9
the date the notice is first published under this subclause). 10
(4) This clause does not prevent biodiversity certification of any of 11
the subject land under Part 7AA of this Act with effect on or after 12
the biodiversity certification conferred by this Part ceases to be in 13
force. 14
[12] Schedule 7, clause 21 15
Omit clause 21 (1). Insert instead: 16
(1) The Minister may, by order published in the Gazette, suspend or 17
revoke the biodiversity certification conferred by this Part if the 18
Minister is of the opinion that: 19
(a) any relevant biodiversity measure has not been complied 20
with, or 21
(b) the Growth Centres SEPP, and any other relevant 22
biodiversity measures, fail or will fail, as a result of any 23
proposed amendment of the Growth Centres SEPP, to 24
make appropriate provision for the conservation of 25
threatened species, populations and ecological 26
communities, or 27
(c) the consent authority under the Growth Centres SEPP has 28
failed to adequately comply with a direction by the 29
Minister to review the Growth Centres SEPP in response 30
to any new listing of a species, population or ecological 31
community or the discovery of a species, population or 32
ecological community not previously known in an area. 33
Page 28
Threatened Species Conservation Amendment (Biodiversity Certification)
Bill 2010
Amendment of Threatened Species Conservation Act 1995 No 101 Schedule 1
[13] Schedule 7, clause 21A 1
Insert after clause 21: 2
21A Notification of extension, suspension or revocation 3
(1) Notice of the extension, suspension or revocation of the 4
biodiversity certification conferred by this Part is to be given 5
within 21 days: 6
(a) on the website of the Department, and 7
(b) to the Director-General of the Department of Planning, and 8
(c) to each local council that is the council of an area of which 9
the subject land forms part. 10
(2) The Minister is to keep a register containing copies of the notice 11
of any extension, suspension or revocation of the biodiversity 12
certification conferred by this Part. 13
(3) The register is to be open for public inspection, without charge, 14
during ordinary business hours, and copies of or extracts from the 15
register are to be made available to the public on request, on 16
payment of the fee fixed by the Minister. 17
[14] Schedule 7, Part 8 18
Insert after Part 7: 19
Part 8 Provisions consequent on changed 20
arrangements for biodiversity certification 21
23 Definitions 22
(1) In this Part: 23
biodiversity certified EPI means: 24
(a) an EPI on which biodiversity certification was conferred 25
by the Minister under the former biodiversity certification 26
arrangements before the repeal of those arrangements, or 27
(b) an EPI on which biodiversity certification is conferred by 28
the Minister under the former biodiversity certification 29
arrangements, after the repeal of those arrangements, in 30
accordance with this Part. 31
established EPI means an EPI that is in force at the time a 32
proposal is made for its biodiversity certification. 33
Page 29
Threatened Species Conservation Amendment (Biodiversity Certification)
Bill 2010
Schedule 1 Amendment of Threatened Species Conservation Act 1995 No 101
former biodiversity certification arrangements means the 1
provisions of Division 5 of Part 7 of this Act, as in force 2
immediately before their repeal by the Threatened Species 3
Conservation Amendment (Biodiversity Certification) Act 2010. 4
new biodiversity certification arrangements means the 5
provisions of Part 7AA of this Act, as inserted by the Threatened 6
Species Conservation Amendment (Biodiversity Certification) 7
Act 2010. 8
relevant measures means any relevant measures, as referred to in 9
section 126G of the former biodiversity certification 10
arrangements, on the basis of which biodiversity certification is 11
conferred on an EPI. 12
(2) In this Part, a reference to biodiversity certification conferred 13
under the former biodiversity certification arrangements includes 14
a reference to biodiversity certification conferred after the repeal 15
of those arrangements in accordance with this Part. 16
24 Continuation of existing biodiversity certification 17
Any biodiversity certification conferred on an EPI (including an 18
established EPI) by the Minister under the former biodiversity 19
certification arrangements, before the repeal of those 20
arrangements, continues to have effect, subject to this Part. 21
25 Continuation of power to confer biodiversity certification on an 22
EPI in limited cases 23
(1) Sections 126G, 126H and 126N, as in force under the former 24
biodiversity certifications arrangements, continue to apply in 25
respect of an existing biodiversity certification proposal. 26
(2) Accordingly, the Minister may confer biodiversity certification 27
on an EPI (including an established EPI) which is the subject of 28
an existing biodiversity certification proposal under the former 29
biodiversity certification arrangements as if those arrangements 30
had not been repealed. 31
(3) The order conferring biodiversity certification is to specify the 32
relevant measures to be taken and any conditions of the 33
certification. 34
(4) An existing biodiversity certification proposal is a proposal to 35
confer biodiversity certification on an EPI of which notice was 36
given, or which was subject to public exhibition, under 37
section 126G before the repeal of the former biodiversity 38
certification arrangements. 39
Page 30
Threatened Species Conservation Amendment (Biodiversity Certification)
Bill 2010
Amendment of Threatened Species Conservation Act 1995 No 101 Schedule 1
(5) This clause does not prevent the Minister from conferring 1
biodiversity certification on land to which an existing 2
biodiversity certification proposal relates under the new 3
biodiversity certification arrangements. 4
26 Effect of biodiversity certification 5
(1) Any development for which development consent is required 6
under the provisions of a biodiversity certified EPI is, for the 7
purposes of Part 4 of the Environmental Planning and 8
Assessment Act 1979, taken to be development that is not likely 9
to significantly affect any threatened species, population or 10
ecological community, or its habitat. 11
(2) An activity to which Part 5 of the Environmental Planning and 12
Assessment Act 1979 applies that a biodiversity certified EPI 13
provides can be carried out without the need for development 14
consent is, for the purposes of that Part, taken to be an activity 15
that is not likely to significantly affect any threatened species, 16
population or ecological community, or its habitat. 17
(3) This clause applies subject to the conditions of the biodiversity 18
certification. 19
27 Period of certification and extension 20
(1) Biodiversity certification of an EPI remains in force for such 21
period as the Minister determines and specifies in the 22
certification. If no period is specified, biodiversity certification 23
remains in force for 10 years. 24
(2) Prior to the expiration of biodiversity certification of an EPI, the 25
Minister may, by order published in the Gazette, extend by a 26
period of up to 10 years the period for which that certification 27
remains in force, but only if the Minister has reviewed the EPI to 28
take account of any new listing of a species, population or 29
ecological community or the discovery of a species, population 30
or ecological community not previously known in an area. 31
(3) The Minister must not extend the period of biodiversity 32
certification of an EPI unless, prior to granting the extension, the 33
Minister: 34
(a) by notice published in a newspaper circulating generally 35
throughout the State, invites persons to make written 36
submissions to the Minister on the proposed extension, and 37
(b) considers any written submissions received before the 38
closing date specified in the notice for the making of 39
Page 31
Threatened Species Conservation Amendment (Biodiversity Certification)
Bill 2010
Schedule 1 Amendment of Threatened Species Conservation Act 1995 No 101
submissions (being a date that is not less than 30 days after 1
the date the notice is first published under this subclause). 2
(4) This clause does not prevent further biodiversity certification of 3
the land to which an EPI applies under the new biodiversity 4
certification arrangements with effect on or after the biodiversity 5
certification conferred under the former biodiversity certification 6
arrangements ceases to be in force. 7
28 Failure to comply with certification 8
Failure to take any relevant measures or to comply with a 9
condition of biodiversity certification of an EPI does not affect 10
the validity of the certification, but is a ground for suspension or 11
revocation of the biodiversity certification. 12
29 Suspension and revocation of certification 13
(1) The Minister may, by order published in the Gazette, suspend or 14
revoke the biodiversity certification of an EPI if the Minister is of 15
the opinion that: 16
(a) any relevant measures have not been taken or conditions of 17
the biodiversity certification have not been complied with, 18
or 19
(b) the EPI, and any other relevant measures, fail or will fail, 20
as a result of any proposed amendment of the EPI, to make 21
appropriate provision for the conservation of threatened 22
species, populations and ecological communities, or 23
(c) the consent authority under the EPI has failed to 24
adequately comply with a direction by the Minister to 25
review the EPI in response to any new listing of a species, 26
population or ecological community or the discovery of a 27
species, population or ecological community not 28
previously known in an area. 29
(2) The suspension or revocation of biodiversity certification does 30
not affect: 31
(a) any development consent granted under Part 4 of the 32
Environmental Planning and Assessment Act 1979 before 33
the suspension or revocation, or 34
(b) any activity for which approval was granted, or which a 35
determining authority started to carry out, in accordance 36
with Part 5 of that Act before the suspension or revocation. 37
(3) If the Minister suspends or revokes biodiversity certification 38
under this clause, the Minister may, in the order, specify the 39
application of the suspension or revocation to anything pending 40
Page 32
Threatened Species Conservation Amendment (Biodiversity Certification)
Bill 2010
Amendment of Threatened Species Conservation Act 1995 No 101 Schedule 1
under the Environmental Planning and Assessment Act 1979 at 1
the time of the suspension or revocation. 2
30 Notification of certification, extension, suspension or revocation 3
(1) Notice of the conferral of biodiversity certification under the 4
former biodiversity certification arrangements or of the 5
extension, suspension or revocation of that certification is to be 6
given within 21 days: 7
(a) on the website of the Department, and 8
(b) to the Director-General of the Department of Planning, and 9
(c) to each local council that is the council of an area of which 10
land to which the EPI applies forms part. 11
(2) The Minister is to keep a register containing copies of any order 12
conferring biodiversity certification under the former 13
biodiversity certification arrangements or extending, suspending 14
or revoking certification. 15
(3) The register is to be open for public inspection, without charge, 16
during ordinary business hours, and copies of or extracts from the 17
register are to be made available to the public on request, on 18
payment of the fee fixed by the Minister. 19
31 Review of biodiversity certification 20
The Minister is to undertake periodic reviews of any biodiversity 21
certification conferred by the Minister under the former 22
biodiversity certification arrangements. 23
32 Continuation of accreditation arrangements 24
Any arrangements made under section 142B before the repeal of 25
the former biodiversity certification arrangements, in relation to 26
the biodiversity certification of EPIs, continue to have effect to 27
the extent necessary to give effect to this Part. 28
Page 33
Threatened Species Conservation Amendment (Biodiversity Certification)
Bill 2010
Schedule 2 Amendment of other legislation
Schedule 2 Amendment of other legislation 1
2.1 Environmental Planning and Assessment Act 1979 No 203 2
[1] Section 79B Consultation and concurrence 3
Omit the note at the end of section 79B (3). Insert instead: 4
Note. The development is taken not to significantly affect threatened 5
species, populations or ecological communities, or their habitats if: 6
(a) the development is to be carried out on biodiversity certified land 7
(within the meaning of Part 7AA of the Threatened Species 8
Conservation Act 1995), or 9
(b) a biobanking statement has been issued in respect of the 10
development under Part 7A of the Threatened Species 11
Conservation Act 1995. 12
[2] Section 79B (8A) and (8B) 13
Insert after section 79B (8): 14
(8A) Threatened species requirements 15
The Director-General of the Department of Environment, 16
Climate Change and Water may grant concurrence under this 17
section conditional on the taking of specified action (voluntary 18
action, as provided by subsection (8B)) that the Director-General 19
considers will significantly benefit threatened species 20
conservation, but only if the Director-General is satisfied that the 21
person who proposes to carry out the development to which the 22
concurrence relates has agreed to take the voluntary action and 23
agrees to the imposition of the condition. 24
(8B) The voluntary action that can be required by a condition imposed 25
under this section is any one or more of the following: 26
(a) the reservation of land under Part 4 of the National Parks 27
and Wildlife Act 1974 or the entering into of a conservation 28
agreement relating to the land under that Act, 29
(b) action to secure the protection of land for conservation 30
purposes by a method that the Director-General considers 31
satisfactory, 32
(c) action to restore threatened species habitat on land referred 33
to in paragraph (a) or (b), 34
(d) the contribution of money for a purpose referred to in 35
paragraphs (a)(c). 36
Page 34
Threatened Species Conservation Amendment (Biodiversity Certification)
Bill 2010
Amendment of other legislation Schedule 2
[3] Section 79C Evaluation 1
Omit the second note at the end of section 79C (1). Insert instead: 2
Note. The consent authority is not required to take into consideration the 3
likely impact of the development on biodiversity values if: 4
(a) the development is to be carried out on biodiversity certified land 5
(within the meaning of Part 7AA of the Threatened Species 6
Conservation Act 1995), or 7
(b) a biobanking statement has been issued in respect of the 8
development under Part 7A of the Threatened Species 9
Conservation Act 1995. 10
[4] Section 111 Duty to consider environmental impact 11
Omit the note at the end of the section. Insert instead: 12
Note. The determining authority is not required to consider the effect of 13
an activity on biodiversity values if: 14
(a) the activity is to be carried out on biodiversity certified land (within 15
the meaning of Part 7AA of the Threatened Species 16
Conservation Act 1995), or 17
(b) a biobanking statement has been issued in respect of the activity 18
under Part 7A of the Threatened Species Conservation Act 1995. 19
[5] Section 112 Decision of determining authority in relation to certain 20
activities 21
Omit the note at the end of section 112 (1C). Insert instead: 22
Note. An activity is taken not to significantly affect threatened species, 23
populations or ecological communities, or their habitats if: 24
(a) the activity is to be carried out on biodiversity certified land (within 25
the meaning of Part 7AA of the Threatened Species 26
Conservation Act 1995), or 27
(b) a biobanking statement has been issued in respect of the activity 28
under Part 7A of the Threatened Species Conservation Act 1995. 29
[6] Section 112C Concurrence of or consultation with Director-General of 30
the Department of Environment, Climate Change and Water if Minister is 31
not determining authority 32
Insert "(8A), (8B),"after "Section 79B (8)," in section 112C (3). 33
2.2 Environmental Planning and Assessment Regulation 2000 34
[1] Schedule 1 Forms 35
Omit clause 1 (e). Insert instead: 36
(e) an indication as to whether the development is likely to 37
significantly affect threatened species, populations or 38
ecological communities, or their habitats, unless the 39
development is taken to be development that is not likely 40
Page 35
Threatened Species Conservation Amendment (Biodiversity Certification)
Bill 2010
Schedule 2 Amendment of other legislation
to have such an effect because it is biodiversity compliant 1
development, 2
(ea) for biodiversity compliant development, an indication of 3
the reason why the development is biodiversity compliant 4
development, 5
[2] Schedule 1, clause 1 (2) 6
Insert at the end of clause 1: 7
(2) In this Schedule, biodiversity compliant development means: 8
(a) development proposed to be carried out on biodiversity 9
certified land within the meaning of Part 7AA of the 10
Threatened Species Conservation Act 1995, or 11
(b) development in respect of which a biobanking statement 12
has been issued in respect of the development under 13
Part 7A of the Threatened Species Conservation Act 1995, 14
or 15
(c) development to which the biodiversity certification 16
conferred by Part 7 of Schedule 7 to the Threatened 17
Species Conservation Act 1995 applies, or 18
(d) development for which development consent is required 19
under a biodiversity certified EPI (within the meaning of 20
Part 8 of Schedule 7 to the Threatened Species 21
Conservation Act 1995). 22
[3] Schedule 1, clause 2 (5A) 23
Omit the subclause. Insert instead: 24
(5A) The species impact statement referred to in subclause (1) (f) is not 25
required in relation to the effect of the development on any 26
threatened species, populations or ecological communities, or 27
their habitats, if the development is taken to be development that 28
is not likely to significantly affect those threatened species, 29
populations or ecological communities, or their habitats, because 30
it is biodiversity compliant development. 31
[4] Schedule 4 Planning certificates 32
Insert after clause 9: 33
9A Biodiversity certified land 34
If the land is biodiversity certified land (within the meaning of 35
Part 7AA of the Threatened Species Conservation Act 1995), a 36
statement to that effect. 37
Page 36
Threatened Species Conservation Amendment (Biodiversity Certification)
Bill 2010
Amendment of other legislation Schedule 2
2.3 Land and Environment Court Act 1979 No 204 1
Section 17 Class 1--environmental planning and protection appeals 2
Insert "126ZF, 126ZS or" after "section" in section 17 (eb). 3
2.4 National Parks and Wildlife Act 1974 No 80 4
[1] Section 138 Payments into Fund 5
Insert after section 138 (4): 6
(5) Money received in connection with the administration of the 7
biodiversity certification scheme (including any fees paid under 8
the scheme or any monetary contributions made for the purposes 9
of the scheme) is not to be paid into the National Parks and 10
Wildlife Fund. 11
(6) In this section: 12
biodiversity certification scheme means: 13
(a) the provisions of Part 7AA of the Threatened Species 14
Conservation Act 1995 and any regulations made for the 15
purposes of that Part, and 16
(b) the provisions of Parts 7 and 8 of Schedule 7 to that Act 17
(which relate to biodiversity certification of environmental 18
planning instruments). 19
[2] Section 139 Payments out of Fund 20
Omit "except those incurred under Part 7A of the Threatened Species 21
Conservation Act 1995" from section 139 (2) (a). 22
Insert instead "except those incurred under the biodiversity certification 23
scheme and the biobanking scheme". 24
[3] Section 139 (6) 25
Insert after section 139 (5): 26
(6) In this section: 27
biobanking scheme means the provisions of Part 7A of the 28
Threatened Species Conservation Act 1995 and any regulations 29
made for the purposes of that Part. 30
biodiversity certification scheme means: 31
(a) the provisions of Part 7AA of the Threatened Species 32
Conservation Act 1995 and any regulations made for the 33
purposes of that Part, and 34
Page 37
Threatened Species Conservation Amendment (Biodiversity Certification)
Bill 2010
Schedule 2 Amendment of other legislation
(b) the provisions of Parts 7 and 8 of Schedule 7 to that Act 1
(which relate to biodiversity certification of environmental 2
planning instruments). 3
2.5 Native Vegetation Act 2003 No 103 4
Section 5 Land excluded from operation of Act 5
Insert after section 5 (1) (c): 6
(d) biodiversity certified land (within the meaning of 7
Part 7AA of the Threatened Species Conservation 8
Act 1995). 9
Page 38
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