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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(1) This Act is repealed on the day following the day on which this Act 13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
Page 6
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