You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. Some functionality may not be available.
Contents (1995 - 101)
Skip contents
Threatened Species Conservation Act 1995 No 101
Current version for 10 March 2017 to date (accessed 27 April 2017 at 15:22)
Part 7A Division 2 Section 127O
127O   Transfer of land to Minister
(1)  Where a person has contravened, whether by act or omission, a biobanking agreement, the Minister may apply to the Land and Environment Court for an order that the land be conveyed or transferred to the Minister, or to another person or body nominated by the Minister.
(2)  Notice of the application is to be served on the owner of the land by the Minister, and otherwise the application is to be made, in accordance with any rules of the Court.
(2A)  Notice of the application must also be served on the New South Wales Aboriginal Land Council if the owner of the land is a Local Aboriginal Land Council.
(3)  An order may be made under this section only where the Court is satisfied, on the balance of probabilities:
(a)  that there is a serious risk to the biodiversity values protected by the biobanking agreement because of the contravention by the person, or
(b)  that there is no reasonable likelihood of the person complying with the obligations imposed by the biobanking agreement, or
(c)  that the person has previously committed frequent contraventions of the biobanking agreement, or
(d)  that the person has persistently and unreasonably delayed complying with the obligations imposed by the biobanking agreement.
(4)  If the Court makes the order requested, the Court may impose such conditions on the conveyance or transfer of the land as the Court thinks fit.
(5)  Where land is conveyed or transferred to the Minister, or to a person or body nominated by the Minister, in accordance with an order made under this section, the consideration payable by the Minister, person or body, is to be determined in the same way as the compensation payable under the Land Acquisition (Just Terms Compensation) Act 1991 in respect of an acquisition of land, but is to be reduced by the amount that, in the opinion of the Court, is equivalent to any outstanding liability of the person to the Minister arising out of contravention of the biobanking agreement.
(6)  In calculating the consideration payable as referred to in subsection (5), the value of the land is to be determined having regard to the fact that it is subject to a biobanking agreement, and any increase in the value of the land attributable to anything done or omitted to be done in contravention of the biobanking agreement is to be disregarded.