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Contents (2016 - 63)
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Biodiversity Conservation Act 2016 No 63
Current version for 15 November 2019 to date (accessed 5 April 2020 at 15:03)
Part 6 Division 5 Section 6.29
6.29   Minister may require retirement of credits if not retired in accordance with credit retirement requirement
(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 if—
(a)  the person is subject to a requirement to retire biodiversity credits under this or any other Act (including under an instrument, approval or agreement), and
(b)  the biodiversity credits have not been retired in accordance with that requirement.
(2)  A person must not, without reasonable excuse, fail to comply with a direction under this section.
Maximum penalty—Tier 1 monetary penalty.
(3)  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.
 Division 6 enables a person who is required under this section to retire biodiversity credits to make a payment instead to the Biodiversity Conservation Fund of the value of the credits in accordance with the offsets payment calculator.
(4)  A court that finds a person guilty of an offence under this section may order the person to comply with the direction under this section, in addition to or in substitution for any penalty for the offence.
(5)  This section does not affect the liability of a person—
(a)  under the Environmental Planning and Assessment Act 1979 for a contravention of a condition of a planning approval relating to the retirement of biodiversity credits, or
(b)  under Division 6 of Part 5A of the Local Land Services Act 2013 for a contravention of a condition of a vegetation clearing approval relating to the retirement of biodiversity credits.