Threatened Species Conservation Act 1995 No 101
Current version for 28 November 2014 to date (accessed 19 December 2014 at 19:41)
Part 7AADivision 6

Division 6 Conferral, extension and review of biodiversity certification

126Y   Approved measures under biodiversity certification

(1)  The Minister may, in an order conferring biodiversity certification, specify any approved measures under the biodiversity certification.
(2)  The following matters may be specified as approved measures under a biodiversity certification:
(a)  the proposed conservation measures on which the relevant biodiversity certification assessment was based,
(b)  any requirements, as determined by the Minister, as to the timing of the implementation of the proposed conservation measures,
(c)  any requirements, as determined by the Minister, as to monitoring, reporting or auditing of the implementation of proposed conservation measures,
(d)  any other matters provided for by the regulations.
(3)  This section applies to an order extending or modifying biodiversity certification in the same way as it applies to an order conferring biodiversity certification.

126Z   Parties to biodiversity certification

(1)  The Minister may, in an order conferring biodiversity certification, identify the party or parties to the biodiversity certification.
(2)  The following persons or body may be identified as parties to a biodiversity certification:
(a)  the planning authority, or planning authorities, that applied for the biodiversity certification,
(b)  any person or body proposed by the applicant as a party to the biodiversity certification who consents to being made a party to the biodiversity certification.
(3)  After biodiversity certification is conferred, the Minister may, by further order published in the Gazette, identify a person or body as a party to the biodiversity certification (in addition to, or in substitution for, any person or body previously identified as a party), but only if the person or body to be identified as a party consents to being made a party to the biodiversity certification.
(4)  The regulations may make further provision for the circumstances in which a person or body may be identified as a party to a biodiversity certification in addition to, or in substitution for, another person or body.
(5)  Subject to the regulations, this section applies to an order extending or modifying biodiversity certification in the same way as it applies to an order conferring biodiversity certification.
(6)  Consent to being made a party to a biodiversity certification cannot be withdrawn by a person or body after the person or body has been made a party to the biodiversity certification.

126ZA   Duration of biodiversity certification

(1)  Biodiversity certification remains in force indefinitely or for such period as the Minister determines and specifies in the order conferring certification.
(2)  This section does not prevent the extension of biodiversity certification or the further biodiversity certification of land.

126ZB   Extension of biodiversity certification

(1)  The Minister may, by order published in the Gazette, extend the period for which any biodiversity certification remains in force.
(2)  Biodiversity certification may be extended at any time before it expires.
(3)  Biodiversity certification may be extended only if biodiversity certification, as extended, improves or maintains biodiversity values.
Note. See Division 4 for the circumstances in which biodiversity certification improves or maintains biodiversity values.
(4)  A biodiversity certification assessment in relation to the proposed extension is to take account of any proposed modifications to the description of the land proposed for biodiversity certification and the approved measures under the biodiversity certification (whether the modifications are proposed as a result of changes to the relevant biodiversity certification strategy or otherwise).
(5)  A biodiversity certification assessment in relation to the proposed extension may take account of the impact of conservation measures that have already been implemented in connection with the biodiversity certification.
(6)  The regulations may make further provision for or with respect to the extension of biodiversity certification.

126ZC   Review of biodiversity certification

(1)  The Minister is to undertake periodic reviews of any biodiversity certification.
(2)  A review is not required if less than 15 years has elapsed since the biodiversity certification was conferred or the most recent review was completed.
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