Threatened Species Conservation Act 1995 No 101
127ZL Circumstances in which biobanking statement may be issued
(1) The Chief Executive may, on application made in accordance with this Part, issue a biobanking statement in respect of a proposed development if the development will improve or maintain biodiversity values.(2) For the purposes of this Division, a development will improve or maintain biodiversity values only if a determination is made by the Chief Executive, on the basis of an assessment of the development in accordance with the biobanking assessment methodology (including the number and class of biodiversity credits to be retired as an offset against the negative impact of the development on biodiversity values), that the development will improve or maintain biodiversity values.(3) The Chief Executive must refuse to issue a biobanking statement in respect of a development that does not improve or maintain biodiversity values.(4) In addition, the Chief Executive may refuse an application for the issue of a biobanking statement:(a) if the application does not comply with this Part or the regulations, or(b) if, in the opinion of the Chief Executive, insufficient information is provided to enable a biobanking statement to be issued, or(c) if, in the opinion of the Chief Executive, the application does not sufficiently address the biobanking assessment methodology, or(d) if, in the opinion of the Chief Executive, the applicant has not demonstrated that all cost effective onsite measures to minimise any negative impact of the development on biodiversity values are being or will be carried out, or(e) for any other reason specified in the regulations.(5) The Chief Executive must refuse an application for the issue of a biobanking statement if:(a) the application relates to development that is not development for which biobanking is available, or(b) the application relates to development that requires planning concurrence under section 127ZM and the Secretary of the Department of Planning and Environment does not concur with the issue of the statement.(6) A biobanking statement may apply generally to the proposed development or may be limited by reference to one or more of the following:(a) the impact or potential impact of the proposed development on specified biodiversity values,(b) a specified aspect of the proposed development,(c) a specified part of the land on which the development is to be carried out.(7) The regulations may prescribe a period after making an application for a biobanking statement at the end of which, if the Chief Executive fails to either issue or refuse to issue a biobanking statement, the Chief Executive is taken to have refused to issue the biobanking statement.(8) A refusal by the Chief Executive to issue a biobanking statement in respect of development does not prevent the development being evaluated or assessed in accordance with the provisions of the Planning Act that would apply in respect of the development, but for this Part.Note.Participation in the biobanking scheme is voluntary. If a biobanking statement is not obtained in respect of a development (including because it is refused by the Chief Executive) the development may still be evaluated or assessed in accordance with the relevant provisions of the Planning Act. These provisions may require (among other things) the preparation of a species impact statement and the concurrence of, or consultation with, the Minister for the Environment and the Chief Executive.(9) A consent authority or determining authority cannot refuse to consent to or approve a development or activity under Part 4 or 5 of the Planning Act on the ground that an application for a biobanking statement in respect of the development or activity was refused.(10) A biobanking statement is not an approval for the purposes of Part 5 of the Planning Act.