Environmental Planning and Assessment Act 1979 No 203
115ZC Biobanking—special provisions
(1) The Minister may approve State significant infrastructure subject
to a condition that requires the proponent to acquire and retire (in
accordance with Part 7A of the Threatened
Species Conservation Act 1995) biodiversity credits of a
number and class (if any) specified by the Minister in the approval. This
subsection applies whether or not a biobanking statement under Part 7A of that
Act was obtained in respect of the infrastructure.
(2) 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 any rehabilitation or restoration action
proposed to be taken on the site of the State significant infrastructure,
after the infrastructure has been substantially completed, that will restore
or improve the biodiversity values affected by the infrastructure,
(b) the biodiversity credits the retirement of which is deferred
pending the completion of those actions are required to be transferred to the
Minister administering the Threatened
Species Conservation Act 1995.
(3) Division 7 of Part 7A of the Threatened Species Conservation Act
1995 applies in respect of any such arrangement as if it were
a deferred retirement arrangement approved under that
(4) If a biobanking statement was obtained in respect of State
significant infrastructure, the Minister may approve the infrastructure
subject to a condition that requires the proponent to comply with any
conditions of the biobanking statement.
Note. The conditions of a biobanking statement may require the proponent
to retire biodiversity credits in respect of the infrastructure in order to
ensure that it maintains or improves biodiversity values, or to carry out
other onsite measures to minimise any negative impact of the infrastructure on
(5) A person cannot appeal to the Court in respect of a condition
imposed by the Minister under subsection (4).