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NATIVE VEGETATION ACT 1991 - SECT 25A

NATIVE VEGETATION ACT 1991 - SECT 25A

25A—Credit for environmental benefits

        (1)         If—

            (a)         a person—

                  (i)         has achieved an environmental benefit (not being a benefit required in relation to a consent to clear native vegetation or under any other requirement under this Act); or

                  (ii)         has, in accordance with a consent to clear native vegetation, achieved an environmental benefit that exceeds the value of the minimum benefit needed to offset the loss of the cleared vegetation; and

            (b)         the Council is satisfied that the benefit or excess benefit (as the case requires) is of a significant value,

the Council may, for the purposes of this Act—

            (c)         credit the person with having achieved an environmental benefit of a value determined by the Council (whether monetary or otherwise); and

            (d)         take into account and apply the value of the credit (adjusted to reflect the value, in the Council's opinion, of the native vegetation the subject of the credit at the time it is so applied) to—

                  (i)         an amount of environmental benefit the person must achieve; or

                  (ii)         an amount of compensation proposed to be paid into the Fund under section 28(4); or

                  (iii)         an amount to be paid into the Fund under any other provision of this Act as an alternative to achieving an environmental benefit.

        (2)         In determining the value of an excess benefit contemplated by subsection (1)(a)(ii), the Council must have regard to the approximate difference between the value of the environmental benefit achieved by the person and the value of the environmental benefit that would, in the Council's opinion, have been the minimum the person would have been required to achieve in the circumstances.