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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Repealed version for 18 August 2017 to 24 August 2017 (accessed 16 December 2017 at 18:17)
Part 7AA Division 7
Division 7 Enforcement of approved measures
126ZD   Compliance with approved measures
(1)  The Minister may, by order in writing, require a party to a biodiversity certification to rectify any failure to comply with the approved measures under the biodiversity certification:
(a)  by implementing any of the approved measures within a time specified in the order, or
(b)  by implementing any equivalent conservation measures within a time specified in the order.
(2)  If a party to biodiversity certification fails to comply with the order within the specified time, or any further time allowed by the Minister, the Minister may, by order in writing, require the party to pay to the Minister a specified penalty.
(3)  The penalty is to be the amount the Minister considers reasonable to cover the costs of implementing the relevant approved measures or equivalent conservation measures.
(4)  A penalty imposed under this section may be recovered by the Minister as a debt due to the Crown in any court of competent jurisdiction.
(5)  This section does not limit the power of the Minister to suspend, revoke or modify biodiversity certification for a failure to comply with the approved measures under a biodiversity certification.
126ZE   Equivalent conservation measures
(1)  A reference in this Part to equivalent conservation measures, in relation to the approved measures under a biodiversity certification, is a reference to conservation measures that are determined by the Minister to achieve the same biodiversity standard as the approved measures.
(2)  The biodiversity standard of the approved measures under a biodiversity certification is the standard by which biodiversity values are improved or maintained by the biodiversity certification, as quantified by the biodiversity certification assessment on which the conferral of biodiversity certification was based.
126ZF   Appeals
(1)  A party to a biodiversity certification who is dissatisfied with a decision of the Minister to require the party to rectify a failure to comply with the approved measures may appeal to the Land and Environment Court against the decision.
(2)  A party to a biodiversity certification who is dissatisfied with a decision of the Minister to require the party to pay a penalty under this Division may appeal to the Land and Environment Court against the decision.
(3)  An appeal may be made by a party to a biodiversity certification no later than 3 months after being notified by the Minister of the decision.
(4)  This section does not confer a right of appeal on a party to a biodiversity certification if the party is a government authority.
126ZG   Disputes between Minister and other government authorities
(1)  A dispute between a government authority which is a party to a biodiversity certification and the Minister as to any of the following matters may be referred to the Premier for settlement:
(a)  a failure by the party to comply with any of the approved measures under the biodiversity certification or to implement equivalent conservation measures,
(b)  a decision of the Minister to require the party to pay a penalty under this Division.
(2)  The intra-government dispute resolution arrangements apply in respect of the dispute.
Note.
 See Division 10 for intra-government dispute resolution arrangements.