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Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 December 2015 to 26 January 2016 (accessed 28 January 2020 at 21:09) Current version
89I Biobanking—special provisions
(1) The Minister may grant consent to State significant development subject to a condition that requires the applicant to acquire and retire (in accordance with Part 7A of the Threatened Species Conservation Act 1995) biodiversity credits of a number and class (if any) specified by the Minister in the consent. This subsection applies whether or not a biobanking statement under Part 7A of that Act was obtained in respect of the development.(2) The Minister may approve an arrangement under which:(a) the retirement of some or all of the biodiversity credits is deferred pending the completion of any rehabilitation or restoration action proposed to be taken on the site of the State significant development, after the development has been substantially completed, that will restore or improve the biodiversity values affected by the development, and(b) the biodiversity credits the retirement of which is deferred pending the completion of those actions are required to be transferred to the Minister administering the Threatened Species Conservation Act 1995.(3) Division 7 of Part 7A of the Threatened Species Conservation Act 1995 applies in respect of any such arrangement as if it were a deferred retirement arrangement approved under that Division.(4) If a biobanking statement was obtained in respect of State significant development, the Minister may grant consent to the development subject to a condition that requires the applicant to comply with any conditions of the biobanking statement.Note.The conditions of a biobanking statement may require the applicant to retire biodiversity credits in respect of the development in order to ensure that it maintains or improves biodiversity values, or to carry out other onsite measures to minimise any negative impact of the development on biodiversity values.(5) A person cannot appeal to the Court in respect of a condition imposed by the Minister under subsection (4).