Fisheries Management Act 1994 No 38
221ZR Concurrence can be conditional on voluntary conservation action
(1) The Director-General may grant concurrence under section 79B or 112C of the Environmental Planning and Assessment Act 1979 conditional on the taking of specified action (voluntary action, as provided by subsection (2)) that the Director-General considers will significantly benefit threatened species conservation, but only if the Director-General is satisfied that the person who proposes to carry out the development or activity to which the concurrence relates has agreed to take the voluntary action and agrees to the imposition of the condition.
(2) The voluntary action that can be required by a condition imposed under this section is any one or more of the following:
(a) the reservation of land under Part 4 of the NPW Act or the entering into of a conservation agreement relating to the land under that Act,
(b) action to secure the protection of land for conservation purposes by a method that the Director-General considers satisfactory,
(c) action to restore threatened species habitat on land referred to in paragraph (a) or (b),
(d) the contribution of money for a purpose referred to in paragraph (a)–(c).
(3) In determining whether to confer biodiversity certification on an EPI, the Minister is entitled to have regard to the conservation benefits that will result from the taking of action in accordance with a condition proposed to be imposed under this section (as if those benefits would result from the implementation of the EPI).
(4) When such a condition is imposed as a condition of concurrence in respect of development, the consent authority for the development must also impose the condition on its consent for the development.
(5) The annual report of the Department is to include an assessment of how any voluntary action taken pursuant to a condition imposed under this section has benefited or is likely to benefit the adversely affected threatened species, including details of how any land or money contributed pursuant to such a condition has benefited or is likely to benefit threatened species.