New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 6.26

6.26 Appeals to Land and Environment Court

(1) The holder of a biodiversity credit who is dissatisfied with a decision of the Environment Agency Head to cancel the biodiversity credit may, within 3 months after being notified of the decision by the Agency Head, appeal to the Land and Environment Court against the decision.

(2) A person who applies for the registration of a transfer of a biodiversity credit and who is dissatisfied with a decision of the Environment Agency Head to refuse to register the transfer may, within 3 months after being notified of the decision by the Agency Head, appeal to the Land and Environment Court against the decision, but only in the circumstances (if any) authorised by the regulations.

(3) A person who applies for the transfer to the person of a biodiversity credit held by the Environment Agency Head pursuant to a deferred credit retirement arrangement and who is dissatisfied with a decision of the Agency Head in respect of the application (including the refusal of concurrence to the transfer by the Agency Head) may, within 3 months after being notified of the decision by the Agency Head, appeal to the Land and Environment Court against the decision. An appeal under this subsection does not extend to a decision made in accordance with the biodiversity assessment method.

(4) A person who held biodiversity credits immediately before they were transferred to the Environment Agency Head pursuant to a deferred credit retirement arrangement and who is dissatisfied with a decision of the Environment Agency Head to retire those credits (other than a decision made as a result of an application referred to in subsection (3)) may, within 3 months after being notified of the decision by the Agency Head, appeal to the Land and Environment Court against the decision.