Threatened Species Conservation Act 1995 No 101
Current version for 17 October 2014 to date (accessed 25 November 2014 at 03:13)
Part 7AADivision 2Section 126I

126I   Effect of biodiversity certification

(1) Projects under Part 3A of the Planning Act
The environmental assessment requirements for the approval of a project, or a concept plan for a project, under Part 3A of the Planning Act do not require an assessment of the impact of the project on biodiversity values if the project is carried out or proposed to be carried out on biodiversity certified land.
(1A) Infrastructure under Part 5.1 of the Planning Act
The environmental assessment requirements for the approval of State significant infrastructure under Part 5.1 of the Planning Act do not require an assessment of the impact of the infrastructure on biodiversity values if the infrastructure is carried out or proposed to be carried out on biodiversity certified land.
(2) Development under Part 4 of the Planning Act
Development on biodiversity certified land is taken, for the purposes of Part 4 of the Planning Act, to be development that is not likely to significantly affect any threatened species, population or ecological community under this Act, or its habitat.
(3)  A consent authority, when determining a development application in relation to development on biodiversity certified land under Part 4 of the Planning Act, is not required to take into consideration the likely impact of the development on biodiversity values (despite any provision of the Planning Act or any regulation or instrument made under that Act).
(4) Activities under Part 5 of the Planning Act
An activity to which Part 5 of the Planning Act applies which is carried out or proposed to be carried out on biodiversity certified land is taken, for the purposes of Part 5 of the Planning Act, to be an activity that is not likely to significantly affect any threatened species, population or ecological community under this Act, or its habitat.
(5)  A determining authority under Part 5 of the Planning Act is not required under that Part to consider the effect on biodiversity values of an activity carried out on biodiversity certified land (despite section 111 of the Planning Act).
(6) Native Vegetation Act
The Native Vegetation Act 2003 does not apply to biodiversity certified land.
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