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Contents (1995 - 101)
Threatened Species Conservation Act 1995 No 101
Repealed version for 18 August 2017 to 24 August 2017 (accessed 25 November 2017 at 00:02)
Part 7A Division 6 Section 127ZR
127ZR   Minister may require retirement of credits
(1)  The Minister may, by order in writing to a person, direct the person to retire biodiversity credits of a specified number and class (if applicable) within a time specified in the order.
(2)  A direction may be given to a person under this section if:
(a)  the person carries out development in respect of which a biobanking statement has been issued, and
(b)  the person fails to retire biodiversity credits in accordance with a credit retirement condition specified in the biobanking statement that has effect.
(3)  For the purposes of this section, a credit retirement condition has effect if:
(a)  in the case of a statement that relates to a project to which Part 3A of the Planning Act applies, the Minister administering that Act imposes the credit retirement condition as a condition of approval under that Part, or
(a1)  in the case of a statement that relates to State significant infrastructure to which Part 5.1 of the Planning Act applies, the Minister administering that Act imposes the credit retirement condition as a condition of approval under that Part, or
(b)  in the case of a statement that relates to development for which consent is required under Part 4 of the Planning Act—the development consent requires compliance with the credit retirement condition, or
(c)  in the case of a statement that relates to an activity under Part 5 of the Planning Act—an approval of a determining authority requires compliance with the credit retirement condition or, if the activity is to be carried out by the determining authority, the determining authority commences carrying out that activity.
(4)  A person must not, without reasonable excuse, fail to comply with a direction under this section.
Maximum penalty: 10,000 penalty units.
(5)  It is not an excuse for a failure to comply with a direction under this section that the person who is the subject of the direction does not, at the time the direction is given, hold a sufficient number of biodiversity credits to comply with the direction.
Note.
 If the person who is the subject of the direction does not hold a sufficient number of credits to comply with the direction, the person may obtain the required number by purchasing them.
(6)  A court that convicts a person of an offence under subsection (4) may, in addition to or in substitution for any pecuniary penalty for the offence, by order direct the person to retire, in accordance with this Part, biodiversity credits of a specified number and class (if applicable) within a time specified in the order and, if the person does not hold sufficient biodiversity credits to comply with the direction, to acquire the necessary biodiversity credits for the purpose of retiring them.
(7)  In this section:
conviction includes the making of an order under section 10 of the Crimes (Sentencing Procedure) Act 1999.