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This is a Bill, not an Act. For current law, see the Acts databases.


THREATENED SPECIES CONSERVATION AMENDMENT (SPECIAL PROVISIONS) BILL 2008





                                New South Wales




Threatened Species Conservation
Amendment (Special Provisions)
Bill 2008


Contents

                                                                            Page
                   1   Name of Act                                             2
                   2   Commencement                                            2
                   3   Amendment of Threatened Species Conservation Act
                       1995 No 101                                             2
              4        Amendment of Local Government Act 1993 No 30            2
              5        Repeal of Act                                           2
     Schedule 1        Amendment of Threatened Species Conservation Act
                       1995 No 101                                             3
     Schedule 2        Amendment of Local Government Act 1993 No 30            6




b2008-068-36.d09
                             New South Wales




Threatened Species Conservation
Amendment (Special Provisions)
Bill 2008
No     , 2008


A Bill for

An Act to amend the Threatened Species Conservation Act 1995 with respect to the
biodiversity certification of the State Environmental Planning Policy (Sydney Region
Growth Centres) 2006; and to amend the Local Government Act 1993 with respect
to rates payable on land subject to conservation agreements.
                  Threatened Species Conservation Amendment (Special Provisions)
Clause 1          Bill 2008




The Legislature of New South Wales enacts:                                                1

 1    Name of Act                                                                         2

               This Act is the Threatened Species Conservation Amendment (Special         3
               Provisions) Act 2008.                                                      4

 2    Commencement                                                                        5

               This Act commences on the date of assent to this Act.                      6

 3    Amendment of Threatened Species Conservation Act 1995 No 101                        7

               The Threatened Species Conservation Act 1995 is amended as set out in      8
               Schedule 1.                                                                9

 4    Amendment of Local Government Act 1993 No 30                                       10

               The Local Government Act 1993 is amended as set out in Schedule 2.        11

 5    Repeal of Act                                                                      12

         (1)   This Act is repealed on the day following the day on which this Act       13
               commences.                                                                14

         (2)   The repeal of this Act does not, because of the operation of section 30   15
               of the Interpretation Act 1987, affect any amendment made by this Act.    16




Page 2
Threatened Species Conservation Amendment (Special Provisions)
Bill 2008

Amendment of Threatened Species Conservation Act 1995 No 101               Schedule 1




Schedule 1             Amendment of Threatened Species                                       1
                       Conservation Act 1995 No 101                                          2

                                                                              (Section 3)    3

[1]   Schedule 7 Savings, transitional and other provisions                                  4

      Insert at the end of clause 1 (1):                                                     5

                    Threatened Species Conservation Amendment (Special                       6
                    Provisions) Act 2008, to the extent that it amends this Act              7

[2]   Schedule 7, Part 7                                                                     8

      Insert after Part 6:                                                                   9


      Part 7        Biodiversity certification of State                                     10
                    Environmental Planning Policy (Sydney                                   11
                    Region Growth Centres) 2006                                             12

       17    Definitions                                                                    13

             (1)    In this Part:                                                           14
                    Growth Centres SEPP means the State Environmental Planning              15
                    Policy (Sydney Region Growth Centres) 2006, as in force from            16
                    time to time.                                                           17
                    relevant biodiversity measures means (subject to subclause (2))         18
                    the provisions set out as conditions of biodiversity certification in   19
                    relation to the Growth Centres SEPP in the order under this Act         20
                    published in the Gazette on 14 December 2007 (pages 9651-               21
                    9662).                                                                  22
                    subject land means (subject to subclause (3)) the land shown            23
                    edged heavy black as certified land on the maps marked "South           24
                    West Growth Centre--Biodiversity Certification" and "North              25
                    West Growth Centre--Biodiversity Certification" deposited in            26
                    the head office of the Department.                                      27

             (2)    The Minister may by order published in the Gazette amend the            28
                    relevant biodiversity measures for the purposes of this Part            29
                    following a review under clause 18 (4) of biodiversity                  30
                    certification conferred by this Part.                                   31

             (3)    The Minister may by order published in the Gazette replace a            32
                    map referred to in the definition of subject land in subclause (1)      33
                    with a map referred to in the order that shows certified land that      34
                    is within a growth centre within the meaning of the Growth              35
                    Centres SEPP.                                                           36




                                                                                Page 3
                 Threatened Species Conservation Amendment (Special Provisions)
                 Bill 2008

Schedule 1          Amendment of Threatened Species Conservation Act 1995 No 101




         18   Biodiversity certification of Growth Centres SEPP                                 1
              (1)      Biodiversity certification is conferred, by the enactment of this        2
                       Part, on the Growth Centres SEPP.                                        3

              (2)      The biodiversity certification conferred by this Part applies:           4
                       (a) only to the subject land, and                                        5
                       (b) to all development and activities that may be carried out            6
                             under the Growth Centres SEPP, and                                 7
                       (c) to all threatened species, populations and ecological                8
                             communities.                                                       9

              (3)      The biodiversity certification conferred by this Part is not subject    10
                       to any conditions.                                                      11

              (4)      The Minister is to undertake periodic reviews of the biodiversity       12
                       certification conferred by this Part to determine whether it should     13
                       be maintained or modified.                                              14

         19   Application of Division 5 of Part 7 of the Act                                   15

              (1)      Sections 126I (1) and (2), 126J (2)-(4), 126L and 126M of this          16
                       Act apply to the biodiversity certification conferred by this Part      17
                       in the same way as they apply to biodiversity certification             18
                       conferred under Division 5 of Part 7 of this Act.                       19

              (2)      Except as provided by subclause (1), Division 5 of Part 7 of this       20
                       Act does not apply to the biodiversity certification conferred by       21
                       this Part.                                                              22

         20   Period of biodiversity certification                                             23

              (1)      The biodiversity certification conferred by this Part remains in        24
                       force (subject to this Part) until 30 June 2025.                        25

              (2)      This Part does not prevent further biodiversity certification of the    26
                       Growth Centres SEPP under Division 5 of Part 7 of this Act after        27
                       the biodiversity certification conferred by this Part ceases to be in   28
                       force.                                                                  29

         21   Suspension or revocation of biodiversity certification                           30

              (1)      The Minister may, by order published in the Gazette, suspend or         31
                       revoke the biodiversity certification conferred by this Part if the     32
                       Minister is of the opinion that any relevant biodiversity measure       33
                       has not been complied with. This subclause does not limit section       34
                       126L of this Act.                                                       35




Page 4
Threatened Species Conservation Amendment (Special Provisions)
Bill 2008

Amendment of Threatened Species Conservation Act 1995 No 101           Schedule 1




             (2)   The suspension or revocation of the biodiversity certification        1
                   conferred by this Part does not affect the validity of any            2
                   development consent granted under Part 4 of the Environmental         3
                   Planning and Assessment Act 1979, or any approval of an activity      4
                   granted in accordance with Part 5 of that Act, before the             5
                   suspension or revocation.                                             6

             (3)   If the Minister suspends or revokes the biodiversity certification    7
                   under this clause, the Minister may, in the order, determine the      8
                   application of the suspension or revocation to anything pending       9
                   under the Environmental Planning and Assessment Act 1979 at          10
                   the time of the suspension or revocation.                            11

       22    Part has effect from 14 December 2007                                      12

             (1)   The biodiversity certification conferred by this Part is taken to    13
                   have had effect on and from 14 December 2007.                        14

             (2)   Anything done or omitted to be done on or after 14 December          15
                   2007, including under the Environmental Planning and                 16
                   Assessment Act 1979, that would have been validly done or            17
                   omitted had the biodiversity certification conferred by this Part    18
                   been in force at the time it was done or omitted, is taken to be     19
                   validly done or omitted.                                             20




                                                                             Page 5
                Threatened Species Conservation Amendment (Special Provisions)
                Bill 2008

Schedule 2      Amendment of Local Government Act 1993 No 30




Schedule 2             Amendment of Local Government Act                                         1
                       1993 No 30                                                                2

                                                                                 (Section 4)     3

[1]   Section 555 What land is exempt from all rates?                                            4

      Omit section 555 (3). Insert instead:                                                      5

             (3)   If part of a single parcel of land is the subject of a conservation           6
                   agreement within the meaning of the National Parks and Wildlife               7
                   Act 1974 (as referred to in subsection (1) (b1)), any rate levied on          8
                   that whole parcel (for any period on or after 1 July 2008) is to be           9
                   reduced by the following percentage:                                         10
                                 A ca
                             ---------------  100
                                           - --------
                                                    -
                             A whole            1
                   where:                                                                       11
                   Aca is the area of that part of the parcel that is the subject of the        12
                   conservation agreement, and                                                  13
                   Awhole is the area of the whole parcel.                                      14
                   Note. For example, if a parcel of land would normally be subject to a rate   15
                   of $1,000, but 40% of the area of the land is subject to a conservation      16
                   agreement, that rate is to be reduced by 40% to $600.                        17

[2]   Schedule 8 Savings, transitional and other provisions consequent on                       18
      the enactment of other Acts                                                               19

      Insert at the end of clause 1 (1):                                                        20

                   Threatened Species Conservation Amendment (Special                           21
                   Provisions) Act 2008, to the extent that it amends this Act                  22




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