Threatened Species Conservation Act 1995 No 101
Current version for 17 October 2014 to date (accessed 27 November 2014 at 22:41)
Part 7ADivision 2Section 127Q

127Q   Proposals by public authorities affecting biobank sites

(1)  A public authority must not carry out development on a biobank site unless:
(a)  it has given written notice of the proposed development to the Minister and the owner of the biobank site, and
(b)  it has received written notice from the Minister consenting to the development.
(2)  The Minister may consent to the development only if:
(a)  the Minister is of the opinion that the proposed development will neither adversely affect any management actions that may be carried out on the land under the biobanking agreement nor adversely affect the biodiversity values protected by the agreement, or
(b)  the Minister is satisfied that any adverse effect of the development on biodiversity values (including any future improvement to biodiversity values that would otherwise be achieved by the management actions on the biobank site) will be offset by the retirement of biodiversity credits by the public authority, or
(c)  the development is required for an essential public purpose or for a purpose of special significance to the State.
(3)  The Minister may, as a condition of granting consent under this section, direct the public authority to retire biodiversity credits of a number and class (if any) specified by the Minister and, if the person does not hold a sufficient number of biodiversity credits to comply with the direction, direct the public authority to acquire the necessary biodiversity credits for the purpose of retiring them.
(4)  The Minister may approve an arrangement under which:
(a)  the retirement of some or all of the biodiversity credits is deferred pending the completion of restorative actions that will restore or improve the biodiversity values affected by the development, and
(b)  the biodiversity credits the retirement of which is deferred pending the completion of those actions are required to be transferred to the Minister.
(5)  Division 7 applies in respect of any such arrangement as if it were a deferred retirement arrangement approved by the Director-General under that Division.
(6)  The Minister may, by order published in the Gazette, vary or terminate the biobanking agreement relating to a biobank site without the consent of the owner of the biobank site if consent to development is granted under this section and the variation or termination is necessary to enable the public authority to carry out the development.
(7)  The owner of a biobank site is not entitled to any compensation as a result of the variation or termination of an agreement under this section.
(8)  Subsection (7) does not affect any right to compensation the owner may have under the Land Acquisition (Just Terms Compensation) Act 1991 or any other Act in respect of the development.
(9)  This section does not apply:
(a)  to any part of a biobank site that is a wilderness area within the meaning of the Wilderness Act 1987 or that is critical habitat, or
(b)  in respect of development proposed to be carried out by a public authority on a biobank site if the public authority is the owner of the biobank site and the proposed development is not inconsistent with the terms of the biobanking agreement.
(10)  The consent of the Minister under this section is not an approval for the purposes of Part 5 of the Planning Act.
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