New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 6.39

6.39 Biodiversity Stewardship Operations Account

(1) There is to be established in the Special Deposits Account an account called the Biodiversity Stewardship Operations Account.

(2) Money in the account is under the control of the Minister.

(3) There is to be paid into the account--

(a) all contributions paid by participants in the biodiversity offsets scheme under this Division, and

(b) all fees payable by accredited persons for accreditation under the scheme established under section 6.10, and

(c) all costs or damages recovered in connection with enforcement action taken against an owner of a biodiversity stewardship site in respect of a failure to comply with a biodiversity stewardship agreement or a provision of or made under this Division, other than any amount that is payable to the Biodiversity Stewardship Payments Fund, and

(d) the proceeds of investment of money in the account, and

(e) any money received by the Minister for the disposal of property related to the biodiversity offsets scheme that the regulations require to be paid into the account, and

(f) any other money appropriated by Parliament for the purposes of the account or required by this or any other Act or law to be paid into the account.

(4) There may be paid out of the account--

(a) the costs of the management and administration of the biodiversity offsets scheme, and

(b) the costs of the accreditation of persons under the scheme established under section 6.10, and

(c) the costs of ensuring compliance with the biodiversity offsets scheme, and

(d) such costs as the Minister directs to be paid from the account to an owner of a biodiversity stewardship site, and

(e) such costs as the Minister directs to be paid from the account in payment of the remuneration of the Fund Manager of the Biodiversity Stewardship Payments Fund, and

(f) such other costs relating to the biodiversity offsets scheme as the Minister directs to be paid out of the account.

(5) There may be paid out of the account to the Consolidated Fund any amount in the account that, in the opinion of the Minister, is in excess of the amounts required to meet the costs required to be paid out of the account.