Threatened Species Conservation Act 1995 No 101
Current version for 17 October 2014 to date (accessed 26 November 2014 at 12:24)
Part 7ADivision 6Section 127ZQ

127ZQ   Modification, revocation and lapsing of biobanking statement

(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, or
(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 Director-General, or
(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 on if:
(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.
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