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Contents (1995 - 101)
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Threatened Species Conservation Act 1995 No 101
Current version for 26 May 2017 to date (accessed 27 June 2017 at 20:43)
Part 7AA Division 4
Division 4 Assessment of application for biodiversity certification
126O   Biodiversity certification to be conferred only if biodiversity values are improved or maintained
The Minister may confer biodiversity certification only if biodiversity certification improves or maintains biodiversity values.
126P   When does biodiversity certification improve or maintain biodiversity values
(1)  For the purposes of this Part, biodiversity certification improves or maintains biodiversity values only if the Minister determines, on the basis of a biodiversity certification assessment, that the overall effect of biodiversity certification is to improve or maintain biodiversity values.
(2)  A biodiversity certification assessment is an assessment of the effect of biodiversity certification on biodiversity values.
(3)  A biodiversity certification assessment is to be made in accordance with the biodiversity certification assessment methodology, and not otherwise.
(4)  This section applies to biodiversity certification as extended or modified under this Part in the same way as it applies to the conferral of biodiversity certification.
126Q   Minor variations to methodology permitted
(1)  The Minister may, for the purpose of a biodiversity certification assessment, permit a variation to be made to the biodiversity certification assessment methodology if the Minister is of the opinion that:
(a)  the variation to the methodology is minor, and
(b)  the variation would result in a determination that the overall effect of biodiversity certification is to improve or maintain biodiversity values, and
(c)  strict adherence to the methodology is in the particular case unreasonable and unnecessary.
(2)  A variation to the biodiversity certification assessment methodology is not to be permitted if the Minister is of the opinion that the variation is inconsistent with the classification of a plant species as a threatened species or as a component of an endangered ecological community.
(3)  The Minister must cause his or her reasons for permitting a variation to be made to the biodiversity certification assessment methodology to be published on the website of the Office.
(4)  The regulations may make further provision for the circumstances in which the Minister may permit a variation to be made to the biodiversity certification assessment methodology under this section.
126R   Refusal to confer certification
(1)  The Minister must refuse to confer biodiversity certification if biodiversity certification does not improve or maintain biodiversity values.
(2)  In addition, the Minister may refuse to confer biodiversity certification:
(a)  if the application for certification does not comply with this Part or the regulations, or
(b)  if, in the opinion of the Minister, insufficient information is provided to enable biodiversity certification to be conferred, or
(c)  if, in the opinion of the Minister, the certification application does not sufficiently address the biodiversity certification assessment methodology, or
(d)  for any other reason the Minister considers sufficient.