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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 23 April 2017 at 18:07)
Part 7AA Division 10
Division 10 General
126ZU   Notification of certification and changes to certification
(1)  Notice of the conferral, extension, suspension, revocation or modification of biodiversity certification is to be given, within 21 days:
(a)  on the website of the Office, and
(b)  to the Secretary of the Department of Planning and Environment, and
(c)  to each local council that is the council of an area in which the biodiversity certified land is located.
(2)  The Minister must make reasonable endeavours to give notice of the conferral, extension, suspension, revocation or modification of biodiversity certification, within 21 days:
(a)  to each party to the biodiversity certification, and
(b)  to each party to a biodiversity certification agreement entered into in connection with the biodiversity certification.
(3)  The Minister is to keep a register containing copies of any order made under this Part conferring, extending, suspending, revoking or modifying biodiversity certification.
(4)  The register is to be open for public inspection, without charge, during ordinary business hours, and copies of or extracts from the register are to be made available to the public on request, on payment of the fee fixed by the Minister.
(5)  The regulations may make further provision for or with respect to the notification of the conferral, extension, suspension, revocation or modification of biodiversity certification.
126ZV   Suspension, revocation or expiry of biodiversity certification does not affect obligations under certification
(1)  The suspension, revocation or expiry of biodiversity certification does not, unless the Minister otherwise directs:
(a)  affect the obligations of a party to the biodiversity certification under this Part, or
(b)  affect any obligation a person has under a biodiversity certification agreement entered into in connection with the biodiversity certification.
(2)  The obligations of a party to the biodiversity certification under this Part include:
(a)  the obligation to comply with the approved measures under the biodiversity certification, and
(b)  the obligation to comply with any order made by the Minister in respect of the party under this Part (whether the order is made before or after the suspension, revocation or expiry).
126ZW   Effect of changes to biodiversity certification on development and other activities
(1)  The suspension, revocation, modification or expiry of biodiversity certification does not affect any of the following:
(a)  any approval of a project under Part 3A of the Planning Act granted before the suspension, revocation, modification or expiry,
(a1)  any approval of State significant infrastructure under Part 5.1 of the Planning Act granted before the suspension, revocation, modification or expiry,
(b)  any development consent under Part 4 of the Planning Act granted before the suspension, revocation, modification or expiry,
(c)  any approval of a Part 5 Planning Act activity granted before the suspension, revocation, modification or expiry,
(d)  any Part 5 Planning Act activity carried out by a determining authority that the determining authority started to carry out before the suspension, revocation, modification or expiry.
(2)  The Minister may, in an order that suspends, revokes or modifies biodiversity certification, specify the application of the suspension, revocation or modification to anything pending under the Planning Act at the time of the suspension, revocation or modification.
(3)  The regulations may make provision for the application of this Part to anything pending under the Planning Act at the time of the expiry of any biodiversity certification.
(4)  In this section:
determining authority has the same meaning as it has in Part 5 of the Planning Act.
Part 5 Planning Act activity means an activity to which Part 5 of the Planning Act applies.
126ZX   Intra-government dispute resolution arrangements
(1)  For the purposes of this Part, the intra-government dispute resolution arrangements are the arrangements provided for by this section.
(2)  The Premier may, for the purpose of resolving a dispute referred to the Premier under this Part:
(a)  appoint a person or panel to hold an inquiry and make a report to the Premier, or
(b)  hold an inquiry into the dispute.
(3)  After the completion of the inquiry, and after considering any report, the Premier may make such order with respect to the dispute, having regard to the public interest and to the circumstances of the case, as the Premier thinks fit.
(4)  An order made by the Premier may direct the payment of any costs or expenses of or incidental to the holding of the inquiry.
(5)  A government authority (including the Minister) is to comply with an order given under this section and is, despite the provisions of any Act, taken to have power to comply with any such order.
(6)  If a matter that is referred to the Premier under this Part is also the subject of proceedings before the Land and Environment Court:
(a)  the Premier may suspend or terminate action under this section pending a decision of the Land and Environment Court, and
(b)  a decision of the Land and Environment Court prevails.
126ZY   Powers of authorised officers
Without limiting section 156B of the NPW Act, the functions conferred on an authorised officer by that section may also be exercised for the purpose of determining whether there has been compliance with the approved measures under a biodiversity certification or with a biodiversity certification agreement.
126ZZ   Effect of failure to comply with procedural requirements
A conferral or extension of biodiversity certification, or the modification of biodiversity certification, is not open to challenge because of a failure to comply with the procedural requirements of this Part after the order conferring, extending or modifying the biodiversity certification has been published in the Gazette.
126ZZA   Part 5 of Planning Act does not apply to biodiversity certification process
Biodiversity certification is not an approval for the purposes of Part 5 of the Planning Act.
126ZZB   Extent of biodiversity certification
Biodiversity certification does not apply in respect of, and does not affect any requirements applicable to, threatened species, populations and ecological communities under Part 7A of the Fisheries Management Act 1994.
126ZZC   Regulations
(1)  The regulations may make further provision for or with respect to biodiversity certification.
(2)  In particular, the regulations may make provision for or with respect to the charging (including the waiver or reduction) of fees in connection with the operation of this Part.