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Contents (1995 - 101)
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Threatened Species Conservation Act 1995 No 101
Current version for 18 August 2017 to date (accessed 23 August 2017 at 14:23)
Part 7AA Division 5
Division 5 Biodiversity certification assessment methodology
126S   Biodiversity certification assessment methodology
(1)  The Minister may, by order published in the Gazette, make rules with respect to the circumstances in which biodiversity certification is to be regarded as improving or maintaining biodiversity values.
(2)  In particular, the rules are to establish a methodology for assessing:
(a)  the loss of biodiversity values on land proposed for biodiversity certification, and
(b)  the impact, or likely impact, of proposed conservation measures on land proposed for biodiversity conservation (including conservation measures that are proposed to be implemented in the future).
(3)  The rules may make provision for any loss of biodiversity values that cannot be offset by conservation measures.
(4)  The rules must comply with any requirements of the regulations.
(5)  Subject to any requirements of the regulations, refraining from doing any thing (whether or not that thing was being done beforehand) may be treated by the rules as an action that improves biodiversity values, if refraining from doing that thing improves biodiversity values or the long term security of biodiversity values.
(6)  A methodology provided for by the rules may include provision for the use of specified computer programs or databases.
(7)  A decision of the Chief Executive made under the rules is final and not subject to appeal.
126T   Establishment of methodology
The biodiversity certification assessment methodology is not to be made unless:
(a)  notice of the proposed methodology has been given, in accordance with the public consultation requirements applicable to the methodology, and
(b)  the Chief Executive has provided a report to the Minister on the public consultation, and
(c)  the Minister has considered the report.
126U   Changes to methodology
(1)  The Minister may, by order published in the Gazette, change the biodiversity certification assessment methodology by:
(a)  amending the methodology, or
(b)  repealing and replacing the methodology.
(2)  The biodiversity certification assessment methodology is not to be changed unless:
(a)  notice of the proposed change has been given, in accordance with the public consultation requirements applicable to the methodology, and
(b)  the Chief Executive has provided a report to the Minister on the public consultation, and
(c)  the Minister has considered the report.
126V   Public consultation requirements applicable to methodology
(1)  The public consultation requirements applicable to the methodology are as follows:
(a)  the Chief Executive is to cause notice of the proposed methodology or change to the methodology (as the case requires) to be published in a newspaper circulating generally throughout the State and on the website of the Office,
(b)  the notice must invite the public to make written submissions to the Chief Executive on the proposal 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, the Chief Executive is to cause copies of the proposed methodology or change to the methodology, and any other explanatory material or information the Chief Executive considers appropriate, to be exhibited at the head office of the Office and on the website of the Office.
(2)  After the closing date for submissions, the Chief Executive is to provide a report to the Minister on the public consultation that:
(a)  summarises the main issues raised in any submissions received before the closing date for submissions, and
(b)  makes such recommendations as the Chief Executive considers appropriate in relation to those submissions.
126W   Minor changes to methodology not requiring public consultation
(1)  The Minister may make an order that amends the biodiversity certification assessment methodology without complying with the public consultation requirements applicable to the methodology if:
(a)  the Minister is of the opinion that the amendment is of a minor nature, and
(b)  the Minister certifies in writing that the amendment is of a minor nature.
(2)  Without limiting the circumstances in which an amendment can be regarded as being of a minor nature, amendments of a minor nature include amendments that:
(a)  correct any minor error or omission in the biodiversity certification assessment methodology, such as a spelling or grammatical error, a redundant or obsolete reference, obviously missing words, or wrong cross-references, or
(b)  make any other change necessary to address matters that are of a consequential, transitional, machinery or other minor nature.
126X   Publication of methodology
(1)  The Chief Executive is to ensure that a copy of the biodiversity certification assessment methodology is available for public inspection:
(a)  at the head office of the Office, and
(b)  on the website of the Office.
(2)  Copies of the biodiversity certification assessment methodology, or of any part of the methodology, are to be made available to the public on request, on payment of a fee (if any) fixed by the Minister.