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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 November 2019 at 10:54)
Part 8 Division 7
Division 7 General provisions relating to certification
8.24   Notification of certification and changes to certification
(1)  Notice of the conferral, extension, suspension, revocation or modification of biodiversity certification is to be given, within 21 days:
(a)  on a government website maintained by the Environment Agency Head, and
(b)  to the Secretary of the Department of Planning and Environment, and
(c)  to each local council of an area in which the biodiversity certified land is located.
(2)  The Minister must make reasonable endeavours to give notice of the conferral, extension, suspension, revocation or modification of biodiversity certification, within 21 days:
(a)  to each party to the biodiversity certification, and
(b)  to each party to a biodiversity certification agreement entered into in connection with the biodiversity certification.
8.25   Intra-government dispute resolution arrangements
(1)  This section applies to the following disputes:
(a)  a dispute between a party to a biodiversity certification, or a party to a biodiversity certification agreement, and the Minister in connection with a decision of the Minister to suspend, revoke or modify the biodiversity certification,
(b)  a dispute between a public authority that is a party to a biodiversity certification and the Minister in connection with a failure by the public authority to comply with any of the approved conservation or other measures under the biodiversity certification or to implement equivalent conservation measures,
(c)  a dispute between a public authority that is a party to a biodiversity certification and the Minister in connection with a decision of the Minister to require the public authority to pay a penalty under this Part.
(2)  A dispute to which this section applies may be referred to the Premier.
(3)  The Premier may, for the purpose of resolving a dispute referred to the Premier under this section:
(a)  appoint a person or panel to hold an inquiry and make a report to the Premier, or
(b)  hold an inquiry into the dispute.
(4)  After the completion of the inquiry, and after considering any report, the Premier may make such order with respect to the dispute, having regard to the public interest and to the circumstances of the case, as the Premier thinks fit.
(5)  An order made by the Premier may direct the payment of any costs or expenses of or incidental to the holding of the inquiry.
(6)  A public authority is to comply with an order given under this section and is, despite the provisions of any Act, taken to have power to comply with any such order.
(7)  If a matter that is referred to the Premier under this section is also the subject of proceedings before the Land and Environment Court:
(a)  the Premier may suspend or terminate action under this section pending a decision of the Land and Environment Court, and
(b)  a decision of the Land and Environment Court prevails.
(8)  In this section:
public authority includes a Minister but does not include a State owned corporation.
8.26   General provisions relating to biodiversity certification
(1)  A failure to comply with the procedural requirements of this Part does not affect the validity of an order under this Part that confers, extends or modifies biodiversity certification.
(2)  The suspension, revocation or expiry of biodiversity certification does not, unless the Minister otherwise directs:
(a)  affect the obligations of a party to the biodiversity certification under this Part, or
(b)  affect any obligation a person has under a biodiversity certification agreement entered into in connection with the biodiversity certification.
(3)  Biodiversity certification is not an approval for the purposes of Part 5 of the Environmental Planning and Assessment Act 1979.
(4)  The suspension, revocation, modification or expiry of biodiversity certification does not affect any consent, approval or any other thing under the Environmental Planning and Assessment Act 1979 granted, carried out or done before the suspension, revocation, modification or expiry. The Minister may, in an order that suspends, revokes or modifies biodiversity certification, specify the application of the suspension, revocation or modification to anything pending under that Act at the time of the suspension, revocation or modification.
(5)  Biodiversity certification does not apply in relation to threatened species, populations and ecological communities under Part 7A of the Fisheries Management Act 1994.
(6)  The regulations may make further provision for or with respect to biodiversity certification, including with respect to the following:
(a)  the payment of fees in connection with the operation of this Part,
(b)  the extension of biodiversity certification,
(c)  the modification of biodiversity certification and applications for any such modification,
(d)  consultation by an applicant for biodiversity certification who is not a planning authority with the relevant planning authority.