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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 12 November 2019 at 10:37)
Part 8 Division 4
Division 4 Enforcement of approved conservation and other measures
8.13   Compliance with approved conservation and other measures
(1)  The Minister may, by order in writing, require a party to a biodiversity certification to rectify any failure to comply with the approved conservation or other measures under the biodiversity certification:
(a)  by implementing any of the approved measures within a time specified in the order, or
(b)  by implementing any equivalent conservation measures within a time specified in the order.
(2)  If a party to a biodiversity certification fails to comply with the order within the specified time, or any further time allowed by the Minister, the Minister may, by order in writing, require the party to pay to the Minister a specified penalty.
(3)  The penalty is to be the amount the Minister considers reasonable to cover the costs of implementing the relevant approved measures or equivalent conservation measures.
(4)  A penalty imposed under this section may be recovered by the Minister as a debt due to the Crown in any court of competent jurisdiction.
(5)  This section does not limit the power of the Minister to suspend, revoke or modify biodiversity certification for a failure to comply with the approved measures under a biodiversity certification.
8.14   Equivalent conservation measures
(1)  For the purposes of this Part, equivalent conservation measures, in relation to the approved conservation measures under a biodiversity certification, are conservation measures that are determined by the Minister to have an equivalent biodiversity value to the approved conservation measures.
(2)  The biodiversity value of the approved conservation measures under a biodiversity certification are to be determined in accordance with the biodiversity assessment method on which the conferral of biodiversity certification was based.
8.15   Appeals
(1)  A party to a biodiversity certification who is dissatisfied with a decision of the Minister to require the party to rectify a failure to comply with the approved conservation or other measures may appeal to the Land and Environment Court against the decision.
(2)  A party to a biodiversity certification who is dissatisfied with a decision of the Minister to require the party to pay a penalty under this Part may appeal to the Land and Environment Court against the decision.
(3)  An appeal may be made by a party to a biodiversity certification not later than 3 months after being notified by the Minister of the decision.
(4)  This section does not confer a right of appeal on a party to a biodiversity certification if the party is a Minister or a public authority (other than a State owned corporation).