Threatened Species Conservation Act 1995 No 101
Division 3 Application for biodiversity certification
126J Who may apply for biodiversity certification
(1) An application for biodiversity certification may be made to the Minister by any planning authority.(2) An application may also be made jointly by 2 or more planning authorities.
126K Certification not to be conferred without biodiversity certification strategy
(1) Biodiversity certification may be conferred on land only if the applicant has a biodiversity certification strategy.(2) A biodiversity certification strategy is a policy or strategy for the implementation of conservation measures to ensure that the overall effect of biodiversity certification is to improve or maintain biodiversity values.(3) The biodiversity certification strategy is to be used as the basis for the assessment of the application for biodiversity certification.(4) A biodiversity certification strategy is to identify the following:(a) the land proposed for biodiversity certification,(b) the land proposed for biodiversity conservation (being any land on or in respect of which conservation measures are to be implemented),(c) the proposed conservation measures,(d) any person or body proposed as a party to the biodiversity certification.Note.Parties to a biodiversity certification are responsible for the implementation of the proposed conservation measures.(5) The land proposed for biodiversity conservation must comply with any requirements (whether geographic or scientific) provided for by the biodiversity certification assessment methodology.(6) The Minister may issue guidelines for the preparation of biodiversity certification strategies.
126L Conservation measures
(1) Each of the following measures is a conservation measure for the purposes of this Part:(a) the adoption or continuation of development controls under the Planning Act that limit or prohibit development on land or the taking of any other measures under that Act that conserve or enhance the natural environment,(b) the entering into of a biodiversity certification agreement under this Part,(c) the entering into of a planning agreement under the Planning Act that makes provision for development contributions to be used or applied towards the conservation or enhancement of the natural environment,(d) the making of a State infrastructure contribution under the Planning Act for the conservation or enhancement of the natural environment,(e) the entering into of a conservation agreement under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth,(f) the reservation of land under Part 4 of the NPW Act,(g) the entering into of a conservation agreement under the NPW Act in relation to land,(h) the entering into of a trust agreement under the Nature Conservation Trust Act 2001,(i) the entering into of a biobanking agreement under Part 7A of this Act,(j) the acquisition or retirement of biodiversity credits under Part 7A of this Act,(k) the adoption of a plan of management for a reserve under Division 6 of Part 5 of the Crown Lands Act 1989,(l) the adoption of a plan of management for land under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993,(m) the dedication or setting apart of any land as a flora reserve under section 16 of the Forestry Act 2012,(n) consent to a property vegetation plan for land under the Native Vegetation Act 2003 (not being a plan that proposes broadscale clearing of native vegetation within the meaning of that Act),(o) any other measure that the Minister determines to be a conservation measure.(2) This section is subject to any requirements of the biodiversity certification assessment methodology.
126M Biodiversity certification application
(1) An application for biodiversity certification must be made to the Minister.(2) The application must be made in a form approved by the Minister.(3) The application must include particulars of the applicant’s biodiversity certification strategy.(4) The Minister may require an applicant to submit evidence that any person or body identified in the biodiversity certification strategy as a proposed party to the biodiversity certification consents to being made a party to the biodiversity certification.(5) The regulations may require other things to be submitted with the application.(6) A planning authority may enter into an agreement with a person who requests the authority to make an application for biodiversity certification for the payment of any costs and expenses incurred by the authority in undertaking studies and other matters required in relation to the application.
126N Public notification requirements in relation to application
(1) Land cannot be biodiversity certified unless the applicant has complied with the public notification requirements in relation to the application for biodiversity certification.(2) The public notification requirements in relation to an application for biodiversity certification are as follows:(a) an applicant must publish notice of the application for biodiversity certification in a newspaper circulating generally throughout the State and on the applicant’s website,(b) the notice must invite the public to make submissions relating to the application before a closing date for submissions specified in the notice (being a date that is not less than 30 days after the date the notice is first published in a newspaper under this section),(c) until the closing date for submissions, an applicant is to cause copies of the application to be exhibited at its principal office in New South Wales and on its website,(d) an applicant must provide a report to the Minister that indicates the applicant’s response to any submissions relating to the application that were received before the closing date.(3) A planning authority may vary its application for biodiversity certification (including its biodiversity certification strategy) as a consequence of any submission received following public notification of the application or for any other reason.(4) Further public notification of the application, as varied, is not required unless the Minister otherwise directs.