New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 11.25

11.25 Order requiring biodiversity stewardship site owner to retire biodiversity credits

(1) The Minister may, by order in writing to a person, direct the person to retire biodiversity credits of a specified number and class (if applicable) within a time specified in the order.

(2) A direction may be given to a person under this Division only if--

(a) the person is the owner of a biodiversity stewardship site (or a former owner), and

(b) the Minister is satisfied that, because of any act or omission by the person, one or more biodiversity credits were created in respect of a management action that was not, or is not being, carried out in accordance with the relevant biodiversity stewardship agreement.

(3) The number of biodiversity credits, and class (if applicable), that are required to be retired is to be equivalent to the number and class of biodiversity credits that, in the opinion of the Minister, were created in respect of management actions not carried out or not being carried out in accordance with the biodiversity stewardship agreement and which have been transferred or retired.

Note : Division 6 of Part 6 enables a person who is required under this section to retire biodiversity credits to make a payment instead to the Biodiversity Conservation Fund of the value of the credits in accordance with the offsets payment calculator.

(4) A direction may be given to a person under this section only if before doing so the Minister--

(a) gives notice to the person that the Minister intends to make the direction, and

(b) specifies in that notice the reasons for the Minister's intention to do so, and

(c) gives the person a reasonable opportunity to make submissions in relation to the proposed direction, and

(d) takes into consideration any such submissions by the person.

(5) Any action taken under this section does not prevent the Minister from seeking an award of damages against the owner or former owner of a biodiversity stewardship site for a breach of a biodiversity stewardship agreement.