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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 02:54)
Part 6 Division 8
Division 8 Biodiversity offsets scheme administration costs
6.38   Scheme administration cost recovery
(1)  In this section:
participant in the biodiversity offsets scheme means any of the following persons:
(a)  the owner of a biodiversity stewardship site,
(b)  the holder of a biodiversity credit,
(c)  any other person to whom the scheme applies or who is associated with the scheme, being a person of a kind prescribed by the regulations as a participant in the scheme.
(2)  A participant in the biodiversity offsets scheme is required to pay to the Minister a contribution towards the following:
(a)  the costs of management and administration of the scheme,
(b)  the costs of ensuring compliance with the scheme,
(c)  any other costs relating to the scheme.
(3)  The contribution of an owner of a biodiversity stewardship site is an annual or other contribution of such amount as is prescribed by the regulations. The contribution is payable in accordance with an invoice issued to the owner by the Environment Agency Head.
(4)  The contribution of the holder of a biodiversity credit is such amount as is prescribed by the regulations. The contribution is payable when an application is made to the Environment Agency Head to retire the biodiversity credit.
(5)  The contribution of any other participant of the scheme is the amount prescribed by and payable in accordance with the regulations.
(6)  A contribution is recoverable by the Minister as a debt in a court of competent jurisdiction.
(7)  The Minister is authorised to waive payment, or to extend the time for payment, of a contribution or part of a contribution payable under this section.
(8)  For the purposes of this section, the Minister or Environment Agency Head is not considered to be a participant in the biodiversity offsets scheme in respect of any thing done on behalf of the Crown.
(9)  The regulations may make provision with respect to contributions payable to the biodiversity offsets scheme under this section, including (without limitation):
(a)  any matter concerning the payment of a contribution (including circumstances in which payment may be waived), and
(b)  exemptions from payment of a contribution, and
(c)  the payment of contributions by instalments.
6.39   Biodiversity Stewardship Operations Account
(1)  There is to be established in the Special Deposits Account an account called the Biodiversity Stewardship Operations Account.
(2)  Money in the account is under the control of the Minister.
(3)  There is to be paid into the account:
(a)  all contributions paid by participants in the biodiversity offsets scheme under this Division, and
(b)  all fees payable by accredited persons for accreditation under the scheme established under section 6.10, and
(c)  all costs or damages recovered in connection with enforcement action taken against an owner of a biodiversity stewardship site in respect of a failure to comply with a biodiversity stewardship agreement or a provision of or made under this Division, other than any amount that is payable to the Biodiversity Stewardship Payments Fund, and
(d)  the proceeds of investment of money in the account, and
(e)  any money received by the Minister for the disposal of property related to the biodiversity offsets scheme that the regulations require to be paid into the account, and
(f)  any other money appropriated by Parliament for the purposes of the account or required by this or any other Act or law to be paid into the account.
(4)  There may be paid out of the account:
(a)  the costs of the management and administration of the biodiversity offsets scheme, and
(b)  the costs of the accreditation of persons under the scheme established under section 6.10, and
(c)  the costs of ensuring compliance with the biodiversity offsets scheme, and
(d)  such costs as the Minister directs to be paid from the account to an owner of a biodiversity stewardship site, and
(e)  such costs as the Minister directs to be paid from the account in payment of the remuneration of the Fund Manager of the Biodiversity Stewardship Payments Fund, and
(f)  such other costs relating to the biodiversity offsets scheme as the Minister directs to be paid out of the account.
(5)  There may be paid out of the account to the Consolidated Fund any amount in the account that, in the opinion of the Minister, is in excess of the amounts required to meet the costs required to be paid out of the account.