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Biodiversity Conservation Act 2016 No 63
Current version for 1 July 2019 to date (accessed 23 September 2019 at 21:13)
8.5 Application for biodiversity certification
(1) An application for biodiversity certification may be made to the Minister:(a) by any planning authority, or(b) by all the owners of the land proposed for biodiversity certification (or by any other person with the approval in writing of all those owners).An application may also be made jointly by 2 or more planning authorities, owners or approved persons.(2) If an application for biodiversity certification is made or proposed to be made by a planning authority, the Minister may declare that it is a strategic application for biodiversity certification:(a) on the Minister’s own initiative, or(b) at the request of the Minister administering the Environmental Planning and Assessment Act 1979, or(c) at the request of the applicant or proposed applicant.The Minister is to take into account the criteria prescribed by the regulations when making such a declaration.Note.Under this Part, the approved conservation measures under a strategic application are not limited to the retirement of biodiversity credits.(3) An application for biodiversity certification:(a) is to be made in the form approved by the Minister and contain the information required by that form, and(b) is to identify the land proposed for biodiversity certification, and(c) is to identify the land on or in respect of which proposed conservation measures are to be implemented, and(d) is to identify any person or body proposed as a party to the biodiversity certification (and who will be responsible for the implementation of the proposed conservation measures).The Minister may require the applicant to provide such additional information as the Minister may require to determine the application.(4) The application for biodiversity certification is to be accompanied by a biodiversity certification assessment report.(5) The Minister may decline to deal with an application for biodiversity certification or to confer biodiversity certification:(a) if the application for certification has not been duly made, or(b) if the Minister considers that insufficient information has been provided to enable the conferral of biodiversity certification, or(c) for any other reason the Minister considers sufficient.(6) A planning authority may enter into an agreement with any person in connection with an application for biodiversity certification, including for the payment of any costs and expenses incurred by the authority in undertaking studies and other matters required in relation to the application. Those costs and expenses may also be payable:(a) under a planning agreement referred to in section 93F of the Environmental Planning and Assessment Act 1979, or(b) under a special infrastructure condition under section 94EF of that Act for the provision of infrastructure.