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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 20 November 2019 at 00:59)
Part 8 Division 6
Division 6 Suspension, revocation and modification of certification
8.21   Suspension and revocation of certification
(1)  The Minister may, by order published in the Gazette, suspend or revoke any biodiversity certification.
(2)  Biodiversity certification may be suspended or revoked—
(a)  if the approved conservation or other measures under the biodiversity certification have not been complied with to the satisfaction of the Minister, or
(b)  if the Minister is of the opinion that a party to the biodiversity certification has failed to comply with an order made by the Minister in respect of the party under this Part, or
(c)  if the Minister is of the opinion that any agreement entered into in connection with the biodiversity certification has been contravened, or
(d)  in any other circumstances prescribed by the regulations.
(3)  The regulations may make further provision for or with respect to the suspension or revocation of biodiversity certification.
8.22   Modification of certification
(1)  The Minister may, by order published in the Gazette, modify any biodiversity certification by—
(a)  modifying the description of land that is biodiversity certified (to extend or limit biodiversity certification), or
(b)  modifying the approved conservation or other measures under the biodiversity certification.
(2)  Biodiversity certification may be modified—
(a)  on application (in the form approved by the Minister) by a party to the biodiversity certification or a party to a biodiversity certification agreement entered into in connection with the biodiversity certification, or
(b)  on the Minister’s own initiative (following at least 28 days notice to the parties to the biodiversity certification of the proposed modifications).
(3)  Despite section 8.7, a biodiversity certification assessment report is not required in respect of a proposed modification that substitutes equivalent conservation measures for any of the approved conservation measures under a biodiversity certification. Unless a biodiversity certification assessment report is not required, an application for the modification of a biodiversity certification is to be accompanied by a revised biodiversity certification assessment report prepared by an accredited person.
Note.
 Section 8.7 requires a biodiversity certification assessment report for any proposed modification.
(4)  Biodiversity certification may be modified on the Minister’s own initiative—
(a)  if the approved conservation or other measures under the biodiversity certification have not been complied with to the satisfaction of the Minister, or
(b)  if the Minister is of the opinion that a party to the biodiversity certification has failed to comply with an order made by the Minister in respect of the party under section 8.18 (Minister may order party to rectify contravention of agreement), or
(c)  if the Minister is of the opinion that any agreement entered into in connection with the biodiversity certification has been contravened, or
(d)  in any other circumstances prescribed by the regulations.
8.23   Appeals
(1)  A party to a biodiversity certification, or a party to a biodiversity certification agreement entered into in connection with a biodiversity certification, who is dissatisfied with a decision of the Minister to suspend, revoke or modify the biodiversity certification may appeal to the Land and Environment Court against the decision.
(2)  An appeal may be made no later than 3 months after the order suspending, revoking or modifying biodiversity certification is published in the Gazette.
(3)  This section does not confer a right of appeal on a party to a biodiversity certification, or a party to a biodiversity certification agreement, if the party is a Minister or a public authority (other than a State owned corporation).