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Contents (2016 - 63)
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Biodiversity Conservation Act 2016 No 63
Current version for 1 July 2019 to date (accessed 17 September 2019 at 02:43)
Part 3
Part 3 Areas of outstanding biodiversity value
3.1   Declaration of areas of outstanding biodiversity value
(1)  The Minister may, in accordance with this Part, declare any area in the State to be an area of outstanding biodiversity value.
(2)  An area is so declared by publication of a notice of the declaration on the NSW legislation website.
3.2   Areas eligible to be declared
(1)  An area may be declared as an area of outstanding biodiversity value if the Minister is of the opinion that (in accordance with any criteria prescribed by the regulations):
(a)  the area is important at a state, national or global scale, and
(b)  the area makes a significant contribution to the persistence of at least one of the following:
(i)  multiple species or at least one threatened species or ecological community,
(ii)  irreplaceable biological distinctiveness,
(iii)  ecological processes or ecological integrity,
(iv)  outstanding ecological value for education or scientific research.
(2)  The declaration of an area may relate to, but is not limited to, protecting threatened species or ecological communities, connectivity, climate refuges and migratory species.
3.3   Procedural requirements before areas declared
(1)  Before an area is declared to be an area of outstanding biodiversity value:
(a)  the Environment Agency Head must recommend the declaration of the area, and
(b)  the Environment Agency Head must notify landholders whose land is within the proposed area, and any public authorities that appear to the Agency Head to exercise functions in relation to land within the proposed area, of the recommendation to declare the area, and
(c)  the Environment Agency Head must give those landholders and public authorities a reasonable opportunity to make submissions with respect to the recommendation to declare the area, and
(d)  the public consultation required by Part 9 is to be undertaken in relation to the proposed declaration of the area, and
(e)  the Environment Agency Head must seek and consider the advice of the Threatened Species Scientific Committee, the Biodiversity Conservation Trust and the Biodiversity Conservation Advisory Panel.
(2)  The Environment Agency Head may amend or not proceed with a recommendation following consideration of any such advice or any submissions from landholders, public authorities or others.
(3)  A declaration is not invalid because of any failure to fully comply with this section.
3.4   Requirements following declaration of area
(1)  After an area is declared to be an area of outstanding biodiversity value:
(a)  the Environment Agency Head is to notify the making of the declaration to any landholder whose land is within the proposed area and any public authorities that appear to the Agency Head to exercise functions in relation to land within the proposed area, and
(b)  the Minister is to take reasonable steps to enter into a private land conservation agreement with any landholder whose land is within the proposed area.
(2)  The Environment Agency Head is to notify any such landholder or public authority of the amendment or revocation of the declaration.
3.5   Amendment or revocation of declaration
(1)  A declaration of an area of outstanding biodiversity value may be amended or revoked by the Minister by notice published on the NSW legislation website.
(2)  The declaration of an area is not to be revoked (or amended to remove any part of the area from the declaration) unless the Minister is of the opinion that the area (or part of the area) is not eligible to be declared or that the procedures of this Part for making the declaration were not complied with.
(3)  The procedure that applies under this Part to the making of a declaration applies to the amendment or revocation of a declaration, except an amendment to correct a minor error or omission or as otherwise provided by the regulations.
3.6   Regulations with respect to declared areas
The regulations may make provision for or with respect to:
(a)  the declaration (or the amendment or revocation of a declaration) of an area of outstanding biodiversity value, or
(b)  the protection of declared areas of outstanding biodiversity value.