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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 26 June 2017 at 06:49)
Part 7AA Division 9
Division 9 Suspension, revocation and modification of certification
126ZO   Suspension and revocation of certification
(1)  The Minister may, by order published in the Gazette, suspend or revoke any biodiversity certification.
(2)  Biodiversity certification may be suspended or revoked:
(a)  if the approved measures under the biodiversity certification have not been complied with to the satisfaction of the Minister, or
(b)  if the Minister is of the opinion that a party to the biodiversity certification has failed to comply with an order made by the Minister in respect of the party under this Part, or
(c)  if the Minister is of the opinion that any agreement entered into in connection with the biodiversity certification has been contravened, or
(d)  if the Minister is no longer of the opinion that biodiversity certification improves or maintains biodiversity values, or
(e)  in any other circumstances prescribed by the regulations.
(3)  The regulations may make further provision for or with respect to the suspension or revocation of biodiversity certification.
126ZP   Modification of certification
(1)  The Minister may, by order published in the Gazette, modify any biodiversity certification by:
(a)  modifying the description of land that is biodiversity certified (to extend or limit biodiversity certification), or
(b)  modifying the approved measures under the biodiversity certification.
(2)  Biodiversity certification may be modified:
(a)  on application by a party to the biodiversity certification or a party to a biodiversity certification agreement entered into in connection with the biodiversity certification, or
(b)  on the Minister’s own initiative.
(3)  Biodiversity certification may be modified only if biodiversity certification, as modified, improves or maintains biodiversity values.
Note.
 See Division 4 for the circumstances in which biodiversity certification improves or maintains biodiversity values.
(4)  A biodiversity certification assessment in relation to the proposed modification is to take account of any proposed modifications to the description of the land that is biodiversity certified and the approved measures under the biodiversity certification (whether the modifications are proposed as a result of changes to the relevant biodiversity certification strategy or otherwise).
(5)  A biodiversity certification assessment is not required in respect of a proposed modification that substitutes equivalent conservation measures for any of the approved measures under a biodiversity certification.
Note.
 Equivalent conservation measures are conservation measures that achieve the same biodiversity standard as the approved measures under a biodiversity certification.
(6)  The regulations may make further provision for or with respect to the modification of biodiversity certification.
126ZQ   Application for modification of biodiversity certification
(1)  An application for modification of biodiversity certification must be made in a form approved by the Minister.
(2)  The application must include the particulars of the proposed modification to biodiversity certification (including particulars of any changes to the biodiversity certification strategy).
(3)  The regulations may require other things to be submitted with the application.
126ZR   Grounds for unilateral modification of certification
Biodiversity certification may be modified on the Minister’s own initiative:
(a)  if the approved measures under the biodiversity certification have not been complied with to the satisfaction of the Minister, or
(b)  if the Minister is of the opinion that a party to the biodiversity certification has failed to comply with an order made by the Minister in respect of the party under this Part, or
(c)  if the Minister is of the opinion that any agreement entered into in connection with the biodiversity certification has been contravened, or
(d)  if the Minister is of the opinion that biodiversity certification no longer improves or maintains biodiversity values, or
(e)  in any other circumstances prescribed by the regulations.
126ZS   Appeals
(1)  A party to a biodiversity certification, or a party to a biodiversity certification agreement entered into in connection with a biodiversity certification, who is dissatisfied with a decision of the Minister to suspend, revoke or modify the biodiversity certification may appeal to the Land and Environment Court against the decision.
(2)  An appeal may be made no later than 3 months after the order suspending, revoking or modifying biodiversity certification is published in the Gazette.
(3)  This section does not confer a right of appeal on a party to a biodiversity certification, or a party to a biodiversity certification agreement, if the party is a government authority.
126ZT   Disputes between the Minister and other government authorities
(1)  A dispute between a government authority which is a party to a biodiversity certification, or a party to a biodiversity certification agreement entered into in connection with a biodiversity certification, and the Minister about any of the following matters may be referred to the Premier for settlement:
(a)  a decision of the Minister to suspend or revoke the biodiversity certification,
(b)  a decision of the Minister to modify the biodiversity certification (otherwise than on the application of the government authority).
(2)  The intra-government dispute resolution arrangements apply in respect of the dispute.
Note.
 See Division 10 for intra-government dispute resolution arrangements.