New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 8.3

8.3 Approved conservation measures under biodiversity certification

(1) The order conferring biodiversity certification is to specify the measures that are approved conservation measures under the biodiversity certification.

(2) The measures that may be specified as approved conservation measures are the following measures to offset the impacts on biodiversity values of the clearing of native vegetation and the loss of habitat on the biodiversity certified land--

(a) in any case--the retirement of biodiversity credits,

(b) in the case of a strategic application for biodiversity certification--the reservation of land under the National Parks and Wildlife Act 1974 , the adoption of development controls (or State infrastructure contributions) under the Environmental Planning and Assessment Act 1979 that conserve or enhance the natural environment or any other measure determined by the Minister,

(c) any other measures declared by the regulations to be approved conservation measures.

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.

(3) The following related matters may also be specified in an order conferring biodiversity certification as other approved measures--

(a) any requirements determined by the Minister as to the timing of the implementation of the proposed conservation measures,

(b) any requirements determined by the Minister as to monitoring, reporting or auditing of the implementation of proposed conservation measures,

(c) any other matters declared to be related matters by the regulations.

(4) This section applies to the extension or modification of biodiversity certification under this Part in the same way as it applies to the conferral of biodiversity certification.