Fisheries Management Act 1994 No 38
Current version for 14 November 2014 to date (accessed 25 November 2014 at 07:08)
Part 7ADivision 10

Division 10 Biodiversity certification of native vegetation reform package

221ZF   Native vegetation reform package

For the purposes of this Division, the native vegetation reform package is the package of reforms comprising the following:
(a)  the Native Vegetation Act 2003 and the regulations under that Act,
(b)  State-wide standards and targets for natural resource management issues recommended under the Natural Resources Commission Act 2003 and adopted by the Government,
(c)  local strategic plans under the Local Land Services Act 2013,
(d)  protocols and guidelines adopted or made under the regulations under the Native Vegetation Act 2003 and the Natural Resources Commission Act 2003.

221ZG   Biodiversity certification of native vegetation reform package

(1)  The Minister may by order published in the Gazette confer biodiversity certification on the native vegetation reform package for the purposes of this Part.
(2)  The Minister may confer biodiversity certification even if the native vegetation reform package does not comprise all the elements of the package.
(3)  The Minister may, by order published in the Gazette, suspend biodiversity certification of the native vegetation reform package if the composition of the package changes after its certification (for instance by any amendment of the Native Vegetation Act 2003 or regulations under that Act, or by the approval or amendment of a State-wide standard or target or of a local strategic plan). The Minister may by order published in the Gazette lift any suspension under this subsection.
(4)  The Minister may, in an order conferring biodiversity certification or in another order published in the Gazette, exclude from the certification of the native vegetation reform package any specified class of activity.
(5)  In deciding on any action under this section, the Minister is to have regard to the likely impact of the native vegetation reform package (or any relevant aspect of its operation) on the achievement of the objects of this Part.

221ZH   Effect of biodiversity certification

While biodiversity certification of the native vegetation reform package is in force, any activity on land within a region within the meaning of the Local Land Services Act 2013 has the benefit of that biodiversity certification (except any activity excluded from certification under section 221ZG (4)).
Note. Biodiversity certification has the following effects:
(a)  the clearing of native vegetation as authorised by a property vegetation plan that is approved while the clearing has the benefit of biodiversity certification is a defence to a prosecution for certain offences under Part 8A of the NPW Act, and
(b)  development consent to clearing of native vegetation that has the benefit of biodiversity certification does not require the preparation of a species impact statement or consultation between Ministers. (See section 14 (4) of the Native Vegetation Act 2003.)

221ZI   Suspension of certification in connection with implementation of package

(1)  The Minister may by order published in the Gazette suspend biodiversity certification of the native vegetation reform package in its application to a particular region within the meaning of the Local Land Services Act 2013 if the Minister is of the opinion that Local Land Services:
(a)  has failed to properly exercise its functions under the native vegetation reform package, or
(b)  has otherwise failed to exercise its functions in a manner that promotes the conservation of threatened species, populations and ecological communities.
(2)  During the suspension of biodiversity certification of the native vegetation reform package in its application to a particular region within the meaning of the Local Land Services Act 2013, land within the region does not have the benefit of the biodiversity certification of the native vegetation reform package.
(3)  The Minister is only entitled to form an opinion for the purposes of this section:
(a)  based on the outcomes of any audit undertaken by the NRC, or
(b)  based on the results of an investigation conducted by the Director-General, or
(c)  in such other circumstances as may be prescribed by the regulations.

221ZJ   Notification of certification, variation or suspension

(1)  Notice of the grant of biodiversity certification under this Division or of any suspension of that certification under this Division is to be given within 14 days:
(a)  to the Director-General of the Department of Infrastructure, Planning and Natural Resources, and
(b)  on the website of the Department.
(2)  The Minister is to keep a register containing copies of each notice of the grant of biodiversity certification under this Division and of any suspension or revocation of that certification.
(3)  The register is to be open for public inspection, without charge, during ordinary business hours, and copies of or extracts from the register are to be made available to the public on request, on payment of the fee fixed by the Minister.
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