New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 6.20

6.20 Registration of transfer of biodiversity credit

(1) The transfer of a biodiversity credit does not have effect until the transfer is registered by the Environment Agency Head in the register of biodiversity credits under Part 9.

(2) An application for registration of a transfer of a biodiversity credit may be made to the Environment Agency Head by the parties to the transfer.

(3) The application must--

(a) be made in a form approved by the Environment Agency Head and contain the information required by that form, and

(b) be accompanied by an application fee prescribed by the regulations.

The Environment Agency Head may require the applicant to provide such additional information as the Environment Agency Head may require to determine the application.

(4) If an application for the transfer of a biodiversity credit is duly made, the Environment Agency Head must register the transfer unless authorised or required to refuse to register the transfer by or under this Act.

(5) The Environment Agency Head must refuse to register a transfer of a biodiversity credit in respect of which an amount is required to be paid to the Biodiversity Stewardship Payments Fund unless satisfied that the amount required to be paid to that Fund has been so paid.

(6) If the Environment Agency Head refuses to register a transfer of a biodiversity credit in respect of which an amount has been paid to the Biodiversity Stewardship Payments Fund, the Environment Agency Head may direct the Fund Manager to repay that amount to the person who paid it, and the Fund Manager is authorised and required to comply with that direction.