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Contents (1995 - 101)
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Threatened Species Conservation Act 1995 No 101
Current version for 10 March 2017 to date (accessed 24 April 2017 at 21:16)
Part 7A Division 10
Division 10 Miscellaneous
127ZZG   Appeals
(1)  A person who owns land that is a biobank site and who is dissatisfied with the decision of the Chief Executive to suspend or cancel the registration of the biobank site may appeal to the Land and Environment Court against the decision.
(2)  The holder of a biodiversity credit who is dissatisfied with a decision of the Chief Executive to cancel a biodiversity credit may appeal to the Land and Environment Court against the decision.
(3)  A person who applies for the registration of a transfer of a biodiversity credit and who is dissatisfied with a decision of the Chief Executive to refuse to register the transfer may appeal to the Land and Environment Court against the decision, but only in the circumstances (if any) authorised by the regulations.
(4)  A person who applies for the transfer to the person of a biodiversity credit held by the Minister pursuant to a deferred retirement arrangement and who is dissatisfied with a decision of the Chief Executive in respect of the application may appeal to the Land and Environment Court against the decision.
(5)  A person cannot appeal under subsection (4) against the provisions of the biobanking assessment methodology or the reasonableness of any determination of the Chief Executive made in accordance with that methodology.
(6)  A person who held biodiversity credits immediately before they were transferred to the Minister pursuant to a deferred retirement arrangement and who is dissatisfied with a decision of the Chief Executive to retire those credits (other than a decision made as a result of an application referred to in subsection (4)) may appeal to the Land and Environment Court against the decision.
(7)  An appeal may be made by a person under this section no later than 3 months after being notified by the Chief Executive of the decision.
127ZZH   Special arrangements for creation of national parks and other reservations
(1)  The fact that land is a biobank site does not prevent the land from being reserved under Part 4 or Part 4A of the National Parks and Wildlife Act 1974.
(2)  On the reservation of a biobank site as a national park, historic site, state conservation area, regional park, karst conservation reserve, nature reserve or Aboriginal area under the National Parks and Wildlife Act 1974, the land concerned ceases to be a biobank site and the biobanking agreement applicable to the land is terminated.
127ZZI   Conservation brokers
(1)  The regulations may make provision for or with respect to conservation brokers.
(2)  For the purposes of this section, a conservation broker is a person who provides, or offers to provide, any of the following services (whether or not for fee or reward):
(a)  the identification of potential biobank sites or management actions,
(b)  the negotiation of a biobanking agreement on behalf of a land owner,
(c)  assistance with an application for registration of a biodiversity credit or an application for a biobanking statement,
(d)  assistance with buying or selling biodiversity credits,
(e)  any other service in connection with the biobanking scheme that is prescribed by the regulations for the purposes of this definition.
(3)  Without limiting subsection (1), the regulations may:
(a)  provide for the accreditation of persons as conservation brokers, including by specifying matters that may be taken into consideration in determining whether a person (whether or not an individual) is a fit and proper person to be accredited as a conservation broker, and
(b)  exempt any person or class of persons from those requirements, and
(c)  prohibit any person from holding himself or herself out to be a conservation broker, or advertising a service of a kind referred to in subsection (2), unless accredited.
127ZZJ   Participation of Minister
The Minister may participate in the biobanking scheme, including by purchasing, holding and transferring biodiversity credits.
127ZZK   Exemption from liability
(1)  The Minister, the Chief Executive and any other persons employed in the administration of this Part are not liable in any civil proceedings for anything done or omitted to be done in good faith in the exercise or purported exercise of any function under this Part.
(2)  This section does not extend to the Fund Manager.
127ZZL   Regulations
(1)  The regulations may make further provision for or with respect to the biobanking scheme.
(2)  In particular, the regulations may:
(a)  require the Chief Executive to periodically review the operation of the scheme and report on its operation to the Minister, and
(b)  make provision for the arrangements that may be entered into between participants in the biobanking scheme (within the meaning of section 127ZZ), or between those participants and other persons, in connection with the scheme, and
(c)  make provision for the resolution of disputes arising in connection with the operation of the scheme.
127ZZM   Regulations not subject to staged repeal
A regulation that contains only the following provisions is not repealed by the operation of Part 3 of the Subordinate Legislation Act 1989:
(a)  provisions that relate to the biobanking scheme established by this Part (including any provisions required or authorised by this Part, and any ancillary, consequential, savings or transitional provisions),
(b)  provisions that deal with the citation and commencement of the regulation, or other provisions of a machinery nature.
127ZZN   Review of operation of biobanking scheme
(1)  The Minister is to cause a review of the operation of the biobanking scheme to be carried out as soon as possible after the period of 2 years after the biobanking assessment methodology is first published in the Gazette.
(2)  The Minister may:
(a)  determine the terms of reference of the review, and
(b)  appoint a person or persons to carry out the review.
(3)  The Minister is to ensure that the public are given an opportunity to make submissions on the review.
(4)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 2 years.