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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 18 November 2019 at 16:59)
Part 6 Division 8 Section 6.38
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.