Threatened Species Conservation Act 1995 No 101
Current version for 28 November 2014 to date (accessed 21 December 2014 at 08:35)
Part 6Division 2

Division 2 Species impact statements

109   Form of species impact statements

(1)  A species impact statement must be in writing.
(2)  A species impact statement must be signed by the principal author of the statement and by:
(a)  the applicant for the licence, or
(b)  if the species impact statement is prepared for the purposes of the Planning Act, the applicant for development consent or the proponent of the activity proposed to be carried out (as the case requires), or
(c)  if the species impact statement is prepared for the purposes of the Plantations and Reafforestation Act 1999, the applicant for authorisation under that Act.

110   Content of species impact statement

(1)  A species impact statement must include a full description of the action proposed, including its nature, extent, location, timing and layout and, to the fullest extent reasonably practicable, the information referred to in this section.
(2)  A species impact statement must include the following information as to threatened species and populations:
(a)  a general description of the threatened species or populations known or likely to be present in the area that is the subject of the action and in any area that is likely to be affected by the action,
(b)  an assessment of which threatened species or populations known or likely to be present in the area are likely to be affected by the action,
(c)  for each species or population likely to be affected, details of its local, regional and State-wide conservation status, the key threatening processes generally affecting it, its habitat requirements and any recovery plan or threat abatement plan applying to it,
(d)  an estimate of the local and regional abundance of those species or populations,
(e)  an assessment of whether those species or populations are adequately represented in conservation reserves (or other similar protected areas) in the region,
(e1)  an assessment of whether any of those species or populations is at the limit of its known distribution,
(f)  a full description of the type, location, size and condition of the habitat (including critical habitat) of those species and populations and details of the distribution and condition of similar habitats in the region,
(g)  a full assessment of the likely effect of the action on those species and populations, including, if possible, the quantitative effect of local populations in the cumulative effect in the region,
(h)  a description of any feasible alternatives to the action that are likely to be of lesser effect and the reasons justifying the carrying out of the action in the manner proposed, having regard to the biophysical, economic and social considerations and the principles of ecologically sustainable development,
(i)  a full description and justification of the measures proposed to mitigate any adverse effect of the action on the species and populations, including a compilation (in a single section of the statement) of those measures,
(j)  a list of any approvals that must be obtained under any other Act or law before the action may be lawfully carried out, including details of the conditions of any existing approvals that are relevant to the species or population.
(3)  A species impact statement must include the following information as to ecological communities:
(a)  a general description of the ecological community present in the area that is the subject of the action and in any area that is likely to be affected by the action,
(b)  for each ecological community present, details of its local, regional and State-wide conservation status, the key threatening processes generally affecting it, its habitat requirements and any recovery plan or any threat abatement plan applying to it,
(b1)  an assessment of whether those ecological communities are adequately represented in conservation reserves (or other similar protected areas) in the region,
(b2)  an assessment of whether any of those ecological communities is at the limit of its known distribution,
(c)  a full description of the type, location, size and condition of the habitat of the ecological community and details of the distribution and condition of similar habitats in the region,
(d)  a full assessment of the likely effect of the action on the ecological community, including, if possible, the quantitative effect of local populations in the cumulative effect in the region,
(e)  a description of any feasible alternatives to the action that are likely to be of lesser effect and the reasons justifying the carrying out of the action in the manner proposed, having regard to the biophysical, economic and social considerations and the principles of ecologically sustainable development,
(f)  a full description and justification of the measures proposed to mitigate any adverse effect of the action on the ecological community, including a compilation (in a single section of the statement) of those measures,
(g)  a list of any approvals that must be obtained under any other Act or law before the action may be lawfully carried out, including details of the conditions of any existing approvals that are relevant to the ecological community.
(4)  A species impact statement must include details of the qualifications and experience in threatened species conservation of the person preparing the statement and of any other person who has conducted research or investigations relied on in preparing the statement.
(5)  The requirements of subsections (2) and (3) in relation to information concerning the State-wide conservation status of any species or population, or any ecological community, are taken to be satisfied by the information in that regard supplied to the principal author of the species impact statement by the National Parks and Wildlife Service, which information that Service is by this subsection authorised and required to provide.

111   Director-General’s requirements

(1)  The person applying for the licence (or, if the species impact statement is being prepared for the purposes of the Planning Act, the applicant for development consent or the proponent of the activity or, if the species impact statement is being prepared for the purposes of the Plantations and Reafforestation Act 1999, the applicant for authorisation under that Act) must request from the Director-General and must, in preparing the species impact statement, comply with any requirements notified to the person by the Director-General concerning the form and content of the statement.
(2)  The Director-General must notify any requirements under this section within 28 days after having been requested to provide them.
(3)  Despite the other provisions of this Division, the Director-General may, having regard to the circumstances of a particular case, limit or modify (or limit and modify) the matters to be included in a species impact statement in such manner as may be specified by the Director-General in the particular case.
(4)  Despite anything in this Act or the Planning Act or the Plantations and Reafforestation Act 1999, the Director-General may, having regard to the circumstances of a particular case, dispense with the requirement for a species impact statement in the particular case if the Director-General is satisfied that the impact of the activity concerned will be trivial or negligible.

112   Regulations

The regulations may make further provision for or with respect to the form and contents of species impact statements.

113   Director-General may accredit persons to prepare species impact statements

(1)  The Director-General is to institute arrangements for the accreditation of suitably qualified and experienced persons to prepare species impact statements for the purposes of this Act.
(2)  An applicant for accreditation must furnish the Director-General with such information as the Director-General requires to effectively determine the application and must be accompanied by the fee fixed by the Director-General for the consideration of the application.
(3)  An accreditation is to be for the period specified by the Director-General in the instrument of accreditation, and the accreditation (or any renewal of it) may be given subject to the conditions and restrictions (if any) specified in the instrument of accreditation.
(3A)  Without limiting subsection (3), an accreditation is to include conditions that require a species impact statement to be prepared in accordance with survey standards approved from time to time by the Director-General by order published in the Gazette.
(4)  The Director-General may vary conditions or restrictions (if any) attaching to an accreditation and may suspend or cancel an accreditation.
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