Threatened Species Conservation Act 1995 No 101
127B Biobanking assessment methodology
(1) The Minister may, by order published in the Gazette, establish rules with respect to the following:(a) the actions or proposed actions in respect of which biodiversity credits may be created (management actions), being actions that will improve biodiversity values,(b) the creation of biodiversity credits or different classes of biodiversity credits in respect of management actions that have been carried out, are being carried out or are proposed to be carried out on or in respect of biobank sites,(c) the circumstances in which development is to be regarded as improving or maintaining biodiversity values, including where the impact of that development is offset against the impact of management actions for which biodiversity credits are created,(d) any impact on biodiversity values that cannot be offset by the retirement of biodiversity credits.(2) In particular, the rules are to establish a methodology for the following:(a) assessing the impact or likely impact of management actions or development on biodiversity values,(b) determining the number and class of biodiversity credits that can be created in respect of a management action, and the times at which they may be created,(c) determining the number and class of biodiversity credits that are required to be retired in respect of development, as an offset against the impact of the development on biodiversity values, pursuant to the issue of a biobanking statement.(3) The Minister is to have regard to the following principles when establishing the methodology under this section:(a) biodiversity values should be conserved across appropriate local and regional scales,(b) all types of ecological communities should be adequately conserved,(c) any areas conserved under the biobanking scheme must be viable in the long term.(4) A methodology provided for by the rules may include provision for the use of specified computer programs or databases.(5) The rules must comply with any requirements set out in the regulations, including as to the types of actions or proposed actions in respect of which biodiversity credits may be created.(6) Subject to any requirements of the regulations, refraining from doing any thing (whether or not that thing was being done beforehand) may be treated by the rules as an action that improves biodiversity values, if refraining from doing that thing improves biodiversity values or the long term security of biodiversity values. This does not limit the generality of subsection (1) (a).(7) The biobanking assessment methodology must include provisions that ensure that if an environmental contribution is required in respect of a development, the number of biodiversity credits required to be retired in respect of the development is reduced (or is nil) to take account of that environmental contribution.(8) The biobanking assessment methodology may provide for any other matters required or authorised by this Part.Note.See also Division 7, which allows the methodology to include provision for deferred retirement arrangements where restorative actions are taken in respect of a development.(9) A biobanking agreement cannot be entered into, and a biobanking statement cannot be issued, until the biobanking assessment methodology is published under this section.(10) In this section, environmental contribution means any of the following contributions, or a part of such a contribution, if the contribution or part is required, or is to be used or applied, for the conservation or enhancement of the natural environment:(a) a contribution (including a dedication of land or other material benefit) required by a planning agreement under Subdivision 2 of Division 6 of Part 4 of the Planning Act,(b) a contribution (including a dedication of land or levy) required under Subdivision 3 or 4 of Division 6 of Part 4 of that Act.