Threatened Species Conservation Act 1995 No 101
127ZO Effect of issue of biobanking statement—development requiring development consent
(1) If development described in a biobanking statement supplied to a consent authority is development for which consent is required under Part 4 of the Planning Act, the development is taken, for the purposes of that Part, to be development that is not likely to significantly affect any threatened species, population or ecological community under this Act, or its habitat.(2) If a consent authority grants consent, under Part 4 of the Planning Act, to the carrying out of development in respect of which a biobanking statement has been issued and supplied to the consent authority, being a statement that specifies conditions, the consent authority must impose (and is taken to be authorised under that Act to impose) a condition on the grant of that consent that requires those conditions to be complied with.Note.The carrying out of development in contravention of the conditions of a development consent is an offence under section 126 of the Planning Act.(3) A person cannot appeal to the Land and Environment Court under the Planning Act in respect of a condition imposed by a consent authority under subsection (2).(4) Subsection (2) does not affect the right of a consent authority to impose conditions under section 80A of the Planning Act not inconsistent with the conditions of a biobanking statement or to refuse consent.(5) Despite section 79C of the Planning Act, if a biobanking statement has been issued in respect of a development, a consent authority is not required to take into consideration the likely impact of the development on biodiversity values.(6) An applicant for development consent under Part 4 of the Planning Act may request the consent authority to review its determination to impose any conditions on the consent (not being an environmental contribution condition) that are additional to the conditions of a biobanking statement on the ground that the condition is inconsistent with the conditions of the biobanking statement. In particular, a review may be requested because the additional condition relates to impacts that were assessed by the Chief Executive, in accordance with the biobanking assessment methodology, prior to the issue of the biobanking statement.(7) Section 82A of the Planning Act applies in respect of any such review, with any necessary modifications, whether or not the consent authority is a council, and whether or not the determination is a determination to which that section would otherwise apply.(8) This section applies subject to any terms of the biobanking statement that limit the statement to:(a) a particular aspect of the development, or(b) a particular part of the land on which the development is to be carried out, or(c) the impact of the development on particular biodiversity values.(9) Nothing in this section affects the operation of Part 4 of the Planning Act in respect of any development that is likely to significantly affect any threatened species, population or ecological community within the meaning of Part 7A of the Fisheries Management Act 1994.(10) In this section:environmental contribution condition means a condition that requires an environmental contribution (within the meaning of section 127B).