Schedule 2 Amendment of other legislation

2.1 Environmental Planning and Assessment Act 1979 No 203

[1]   Section 79B Consultation and concurrence

Omit the note at the end of section 79B (3). Insert instead:

  

Note. The development is taken not to significantly affect threatened species, populations or ecological communities, or their habitats if:

(a)  the development is to be carried out on biodiversity certified land (within the meaning of Part 7AA of the Threatened Species Conservation Act 1995), or

(b)  a biobanking statement has been issued in respect of the development under Part 7A of the Threatened Species Conservation Act 1995.

[2]   Section 79B (8A) and (8B)

Insert after section 79B (8):

  

(8A) Threatened species requirements
The Director-General of the Department of Environment, Climate Change and Water may grant concurrence under this section conditional on the taking of specified action (voluntary action, as provided by subsection (8B)) 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 to which the concurrence relates has agreed to take the voluntary action and agrees to the imposition of the condition.

(8B)  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 National Parks and Wildlife Act 1974 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 paragraphs (a)–(c).

[3]   Section 79C Evaluation

Omit the second note at the end of section 79C (1). Insert instead:

  

Note. The consent authority is not required to take into consideration the likely impact of the development on biodiversity values if:

(a)  the development is to be carried out on biodiversity certified land (within the meaning of Part 7AA of the Threatened Species Conservation Act 1995), or

(b)  a biobanking statement has been issued in respect of the development under Part 7A of the Threatened Species Conservation Act 1995.

[4]   Section 111 Duty to consider environmental impact

Omit the note at the end of the section. Insert instead:

  

Note. The determining authority is not required to consider the effect of an activity on biodiversity values if:

(a)  the activity is to be carried out on biodiversity certified land (within the meaning of Part 7AA of the Threatened Species Conservation Act 1995), or

(b)  a biobanking statement has been issued in respect of the activity under Part 7A of the Threatened Species Conservation Act 1995.

[5]   Section 112 Decision of determining authority in relation to certain activities

Omit the note at the end of section 112 (1C). Insert instead:

  

Note. An activity is taken not to significantly affect threatened species, populations or ecological communities, or their habitats if:

(a)  the activity is to be carried out on biodiversity certified land (within the meaning of Part 7AA of the Threatened Species Conservation Act 1995), or

(b)  a biobanking statement has been issued in respect of the activity under Part 7A of the Threatened Species Conservation Act 1995.

[6]   Section 112C Concurrence of or consultation with Director-General of the Department of Environment, Climate Change and Water if Minister is not determining authority

Insert “(8A), (8B),” after “Section 79B (8),” in section 112C (3).

2.2 Environmental Planning and Assessment Regulation 2000

[1]   Schedule 1 Forms

Omit clause 1 (e). Insert instead:

  

(e)  an indication as to whether the development is likely to significantly affect threatened species, populations or ecological communities, or their habitats, unless the development is taken to be development that is not likely to have such an effect because it is biodiversity compliant development,

(ea)  for biodiversity compliant development, an indication of the reason why the development is biodiversity compliant development,

[2]   Schedule 1, clause 1 (2)

Insert at the end of clause 1:

  

(2)  In this Schedule, biodiversity compliant development means:

(a)  development proposed to be carried out on biodiversity certified land within the meaning of Part 7AA of the Threatened Species Conservation Act 1995, or

(b)  development in respect of which a biobanking statement has been issued in respect of the development under Part 7A of the Threatened Species Conservation Act 1995, or

(c)  development to which the biodiversity certification conferred by Part 7 of Schedule 7 to the Threatened Species Conservation Act 1995 applies, or

(d)  development for which development consent is required under a biodiversity certified EPI (within the meaning of Part 8 of Schedule 7 to the Threatened Species Conservation Act 1995).

[3]   Schedule 1, clause 2 (5A)

Omit the subclause. Insert instead:

  

(5A)  The species impact statement referred to in subclause (1) (f) is not required in relation to the effect of the development on any threatened species, populations or ecological communities, or their habitats, if the development is taken to be development that is not likely to significantly affect those threatened species, populations or ecological communities, or their habitats, because it is biodiversity compliant development.

[4]   Schedule 4 Planning certificates

Insert after clause 9:

  

9A   Biodiversity certified land

If the land is biodiversity certified land (within the meaning of Part 7AA of the Threatened Species Conservation Act 1995), a statement to that effect.

2.3 Land and Environment Court Act 1979 No 204

Section 17 Class 1—environmental planning and protection appeals

Insert “126ZF, 126ZS or” after “section” in section 17 (eb).

2.4 National Parks and Wildlife Act 1974 No 80

[1]   Section 138 Payments into Fund

Insert after section 138 (4):

  

(5)  Money received in connection with the administration of the biodiversity certification scheme (including any fees paid under the scheme or any monetary contributions made for the purposes of the scheme) is not to be paid into the National Parks and Wildlife Fund.

(6)  In this section:

biodiversity certification scheme means:

(a)  the provisions of Part 7AA of the Threatened Species Conservation Act 1995 and any regulations made for the purposes of that Part, and

(b)  the provisions of Parts 7 and 8 of Schedule 7 to that Act (which relate to biodiversity certification of environmental planning instruments).

[2]   Section 139 Payments out of Fund

Omit “except those incurred under Part 7A of the Threatened Species Conservation Act 1995” from section 139 (2) (a).

Insert instead “except those incurred under the biodiversity certification scheme and the biobanking scheme”.

[3]   Section 139 (6)

Insert after section 139 (5):

  

(6)  In this section:

biobanking scheme means the provisions of Part 7A of the Threatened Species Conservation Act 1995 and any regulations made for the purposes of that Part.

biodiversity certification scheme means:

(a)  the provisions of Part 7AA of the Threatened Species Conservation Act 1995 and any regulations made for the purposes of that Part, and

(b)  the provisions of Parts 7 and 8 of Schedule 7 to that Act (which relate to biodiversity certification of environmental planning instruments).

2.5 Native Vegetation Act 2003 No 103

Section 5 Land excluded from operation of Act

Insert after section 5 (1) (c):

  

(d)  biodiversity certified land (within the meaning of Part 7AA of the Threatened Species Conservation Act 1995).