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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 28 April 2017 at 23:57)
Part 7A Division 6 Section 127ZM
127ZM   Concurrence of Secretary of the Department of Planning and Environment required in certain cases
(1)  If the Chief Executive is of the opinion that a proposed development requires planning concurrence, the Chief Executive must not issue a biobanking statement in relation to the development unless:
(a)  the Chief Executive has given the Secretary of the Department of Planning and Environment notice of the proposal to issue the biobanking statement, and
(b)  the Secretary of the Department of Planning and Environment concurs with the issue of the biobanking statement.
(2)  For the purposes of this section, development requires planning concurrence if the development is of a kind declared by a State environmental planning policy made under the Planning Act to be development requiring planning concurrence.
(3)  The Secretary of the Department of Planning and Environment may concur, or refuse to concur, with the issue of a biobanking statement by the Chief Executive of the Office.
(4)  The Secretary of the Department of Planning and Environment may refuse to concur with the issue of a biobanking statement on any grounds specified in a State environmental planning policy made under the Planning Act.
(5)  If the Secretary of the Department of Planning and Environment fails to notify the Chief Executive of the Office whether the Chief Executive concurs, or refuses to concur, with the issue of a biobanking statement by the end of the relevant consultation period, the Secretary of the Department of Planning and Environment is taken to have concurred with the issue of the biobanking statement.
(6)  For the purposes of this section, the relevant consultation period means the period of 21 days after the Chief Executive of the Office gives the Secretary of the Department of Planning and Environment notice of the proposal to issue a biobanking statement or such other period as may be agreed (either generally or in a particular case) by the Chief Executive of the Office and the Secretary of the Department of Planning and Environment.
(7)  For the purposes of the Planning Act, the kinds of development for which planning concurrence is required under this section, and the grounds on which the Secretary of the Department of Planning and Environment may refuse to concur to the issue of a biobanking statement, are taken to be matters of State environmental planning significance.