BIODIVERSITY CONSERVATION ACT 2016 - SECT 6.29
Minister may require retirement of credits if not retired in accordance with credit retirement requirement
BIODIVERSITY CONSERVATION ACT 2016 - SECT 6.29
Minister may require retirement of credits if not retired in accordance with credit retirement requirement
6.29 Minister may require retirement of credits if not retired in accordance
with credit retirement requirement
(1) The Minister may, by order in writing
to a person, direct the person to retire biodiversity credits of a specified
number and class (if applicable) within a time specified in the order if--
(a)
the person is subject to a requirement to retire biodiversity credits under
this or any other Act (including under an instrument, approval or agreement),
and
(b) the biodiversity credits have not been retired in accordance with
that requirement.
(2) A person must not, without reasonable excuse, fail to
comply with a direction under this section.
: Maximum penalty--Tier 1 monetary
penalty.
(3) It is not an excuse for a failure to comply with a direction
under this section that the person who is the subject of the direction does
not, at the time the direction is given, hold a sufficient number of
biodiversity credits to comply with the direction.
Note : Division 6 enables a
person who is required under this section to retire biodiversity credits to
make a payment instead to the Biodiversity Conservation Fund of the value of
the credits in accordance with the offsets payment calculator.
(4) A court
that finds a person guilty of an offence under this section may order the
person to comply with the direction under this section, in addition to or in
substitution for any penalty for the offence.
(5) This section does not
affect the liability of a person--
