New South Wales Consolidated Regulations

THREATENED SPECIES CONSERVATION (BIODIVERSITY BANKING) REGULATION 2008 - REG 19

19 Retirement of biodiversity credits

(1) An application for the retirement of a biodiversity credit must:

(a) be made in an approved form, and

(b) include or be accompanied by any information or document specified in the approved form, and

(c) be accompanied by a fee of 5 fee units.

(2) The Director-General may refuse an application to retire a biodiversity credit if:

(a) the application does not comply with the Act or this clause, or

(b) the application is illegible or unclear, or

(c) any contribution under section 127ZZ of the Act in respect of the application has not been paid, or

(d) any amount payable to the Fund in respect of the retirement of the credit has not been paid, or

(e) the application is made in purported compliance with a credit retirement condition, credit retirement direction or Part 3A approval but does not comply with the requirements of the condition, direction or approval.

(3) The Director-General may refund to the applicant the whole or any part of the fee paid in connection with an application if the application is rejected on the grounds provided for by this clause.

(4) In this clause:
"credit retirement direction" means a direction made by the Minister or a court under Part 7A of the Act or under the National Parks and Wildlife Act 1974 .
"Part 3A approval" means an approval under Part 3A of the Environmental Planning and Assessment Act 1979 granted by the Minister administering that Act in respect of a project to which that Part applies.