Threatened Species Conservation Act 1995 No 101
127ZQ Modification, revocation and lapsing of biobanking
(1) A person may apply to the Director-General for the modification or
revocation of a biobanking statement.
(2) An application may be made by:
(a) the person who applied for the biobanking statement,
(b) any other person entitled to act on a development consent or
approval under the Planning Act given in relation to the development described
in the biobanking statement.
(3) Subject to the regulations, this Division applies to an
application to modify or revoke a biobanking statement in the same way as it
applies to the original application.
(4) A biobanking statement (unless revoked sooner) ceases to have any
effect under this Part:
(a) at the end of the period of 2 years after it is issued by the
(b) if it is extended by the Director-General before the end of that
2-year period, at the end of the extended period.
(5) A biobanking statement does not cease to have effect at the end of
the 2-year period referred to in subsection (4) if the statement is acted on
before the end of that period.
(6) If a biobanking statement is revoked before the statement is acted
on, and a new biobanking statement is not issued in respect of the
development, the Planning Act applies in respect of the assessment and
evaluation of the development to which the biobanking statement applied, and
any consent or approval granted in respect of the development, as if the
statement had not been issued.
Note. Participation in the biobanking scheme is voluntary. Accordingly,
a developer who has obtained a biobanking statement may apply for the
revocation of that statement and have the development evaluated, consented to
or approved in accordance with the relevant provisions of the Planning Act.
These provisions may require (among other things) the preparation of a species
impact statement and the concurrence of, or consultation with, the Minister
for the Environment and the Director-General.
(7) For the purposes of this section, a biobanking statement is acted
(a) in the case of a statement that relates to a project to which Part
3A of the Planning Act applies, the Minister administering that Act approves
that project, or
(a1) in the case of a statement that relates to State significant
infrastructure to which Part 5.1 of the Planning Act applies, the Minister
administering that Act approves the infrastructure, or
(b) in the case of a statement that relates to development for which
consent is required under Part 4 of the Planning Act—development consent
is granted in respect of the development, or
(c) in the case of a statement that relates to an activity under Part
5 of the Planning Act—a determining authority approves the activity or
commences carrying out the activity.