Threatened Species Conservation Act 1995 No 101
127P Application of Planning Act
(1) For the purposes of section 28 of the Planning Act:
(a) a biobanking agreement is taken to be a regulatory instrument, and
(b) the Minister is responsible for the administration of such a regulatory instrument.
Note. Section 28 of the Planning Act allows an environmental planning instrument to suspend the operation of a regulatory instrument for the purpose of enabling development to be carried out. Such a suspension cannot be given effect to without the concurrence in writing of the Minister responsible for the administration of the regulatory instrument.
(2) The Minister is not to concur, under section 28 of the Planning Act, to the suspension of a biobanking agreement unless satisfied that:
(a) the suspension, or any development the suspension of the biobanking agreement would enable to be carried out, does not have a negative impact on the biodiversity values protected by the agreement, or
(b) other measures are to be taken that will satisfactorily offset the negative impact of the suspension or development on the biodiversity values protected by the agreement (which may include the cancellation or retirement of biodiversity credits).
(3) In relation to any particular biobanking agreement, a provision of an environmental planning instrument made under section 28 of the Planning Act and in force:
(a) immediately before the commencement of this section, or
(b) immediately before the biobanking agreement takes effect,
does not affect the operation of the biobanking agreement unless the provision is subsequently amended to expressly affect the operation of the biobanking agreement.