BIODIVERSITY CONSERVATION ACT 2016 - SECT 2.13
Grant or refusal and variation of licence
BIODIVERSITY CONSERVATION ACT 2016 - SECT 2.13
Grant or refusal and variation of licence
2.13 Grant or refusal and variation of licence
(1) If an application for a
biodiversity conservation licence is duly made, the Environment Agency Head
may-- (a) grant the licence, or
(b) refuse to grant the licence.
(2) A
biodiversity conservation licence may be granted for the period specified in
the licence.
(3) The Environment Agency Head may, by notice served on the
holder of a biodiversity conservation licence, vary the licence. A licence may
be varied on the application of the holder of the licence or on the initiative
of the Environment Agency Head.
(4) To avoid doubt, the
Environment Agency Head is not a determining authority for the purposes of
Part 5 of the Environmental Planning and Assessment Act 1979 when granting or
varying a biodiversity conservation licence.
(5) The Environment Agency Head
may refuse to grant a biodiversity conservation licence if the Agency Head
considers that the application for the licence relates to a matter that should
be dealt with by an application for an approval to clear native vegetation
under Division 6 of Part 5A of the Local Land Services Act 2013 .
