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Biodiversity Conservation Act 2016 No 63
Current version for 1 July 2019 to date (accessed 17 September 2019 at 23:21)
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.