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Contents (1995 - 101)
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Threatened Species Conservation Act 1995 No 101
Current version for 14 July 2017 to date (accessed 21 July 2017 at 20:40)
Part 7A Division 10 Section 127ZZG
127ZZG   Appeals
(1)  A person who owns land that is a biobank site and who is dissatisfied with the decision of the Chief Executive to suspend or cancel the registration of the biobank site may appeal to the Land and Environment Court against the decision.
(2)  The holder of a biodiversity credit who is dissatisfied with a decision of the Chief Executive to cancel a biodiversity credit may appeal to the Land and Environment Court against the decision.
(3)  A person who applies for the registration of a transfer of a biodiversity credit and who is dissatisfied with a decision of the Chief Executive to refuse to register the transfer may appeal to the Land and Environment Court against the decision, but only in the circumstances (if any) authorised by the regulations.
(4)  A person who applies for the transfer to the person of a biodiversity credit held by the Minister pursuant to a deferred retirement arrangement and who is dissatisfied with a decision of the Chief Executive in respect of the application may appeal to the Land and Environment Court against the decision.
(5)  A person cannot appeal under subsection (4) against the provisions of the biobanking assessment methodology or the reasonableness of any determination of the Chief Executive made in accordance with that methodology.
(6)  A person who held biodiversity credits immediately before they were transferred to the Minister pursuant to a deferred retirement arrangement and who is dissatisfied with a decision of the Chief Executive to retire those credits (other than a decision made as a result of an application referred to in subsection (4)) may appeal to the Land and Environment Court against the decision.
(7)  An appeal may be made by a person under this section no later than 3 months after being notified by the Chief Executive of the decision.