New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
- As at 25 August 2017
- Act 101 of 1995
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
Note
1. Name of Act
2. Commencement
3. Objects of Act
4. Definitions
4A. Biodiversity values--meaning
5. Notes in text
5A. Relationship between this Act and Part 7A of the Fisheries Management Act 1994
PART 2 - LISTING OF THREATENED SPECIES, POPULATIONS AND ECOLOGICAL COMMUNITIES AND KEY THREATENING PROCESSES
Note
Division 1 - Lists of threatened species, populations and ecological communities and key threatening processes
6. Lists of endangered and critically endangered species, populations and ecological communities
7. Schedule 2 list of vulnerable species and ecological communities
8. Schedule 3 list of key threatening processes
9. Listing of nationally threatened species and ecological communities
Division 2 - Eligibility for listing
10. Listing of species
11. Listing of populations
12. Listing of ecological communities
13. Threatening processes eligible for listing as key threatening processes
14. Regulations prescribing criteria under this Part
15. (Repealed)
Division 3 - Procedure for listing
16. Operation of Division
17. Scientific Committee responsible for lists
18. Who may initiate action for listing
19. Making nomination for inclusion on, omission from or amendment of list
19A. Referral of nomination to Fisheries Scientific Committee
20. Scientific Committee may request additional information
21. Consideration of nomination by Scientific Committee
22. Scientific Committee's preliminary determination
23. Scientific Committee's final determination
23A. Minister's response to proposed final determination
24. Publication of final determination
25. Revision of Schedule on publication of final determination
25A. Lists to be kept under review
Division 4 - Procedure for provisional listing of endangered or critically endangered species on emergency basis
26. Operation of Division
27. Scientific Committee responsible for provisional listing
28. Eligibility for provisional listing
29. Who may initiate action for provisional listing
30. Making nomination for provisional listing
31. Scientific Committee may request additional information
32. Consideration of nomination for provisional listing by Scientific Committee
33. Publication of determination for provisional listing
34. Effect of publication of determination for provisional listing
35. Scientific Committee to review status of provisionally listed species
36. Termination of provisional listing
Division 5 - Minor changes to listings
36A. Minor amendments to Schedules
36B. Publication of determination
36C. Revision of Schedule on publication of determination
PART 3 - CRITICAL HABITAT OF ENDANGERED SPECIES, POPULATIONS AND ECOLOGICAL COMMUNITIES AND CRITICALLY ENDANGERED SPECIES AND ECOLOGICAL COMMUNITIES
Note
Division 1 - Identification and declaration of critical habitat
37. Habitat eligible to be declared to be critical habitat
38. Chief Executive responsible for identifying critical habitat
39. Chief Executive to consult with Scientific Committee
40. Preparation of recommendation for identification of critical habitat
41. Publication of recommendation
42. Consideration of submissions by Chief Executive
43. Chief Executive to refer recommendation to Minister
44. Consideration of recommendation by Minister
45. Consultation between Ministers
46. Minister may return recommendation to Chief Executive for amendment
47. Declaration of critical habitat by Minister
48. Publication of declaration of critical habitat
49. Amendment or revocation of declaration of critical habitat
50. Public authorities to have regard to critical habitat
51. Regulations may prohibit certain actions on critical habitat
52. Effect of failure to comply with procedural requirements
Division 2 - Maps and register of critical habitat
53. Map of critical habitat to be prepared and published
54. Maps of critical habitat to be served
55. Chief Executive to keep register of critical habitat
PART 4 - RECOVERY PLANS FOR THREATENED SPECIES, POPULATIONS AND ECOLOGICAL COMMUNITIES
Note
Division 1 - Preparation of recovery plans
56. Chief Executive to prepare recovery plans
56A. Joint preparation of recovery plans
57. Guidelines for recovery plans
58. Priorities for recovery plans
59. Contents of recovery plans
60. Consultation between chief executive officers
61. Publication of draft recovery plan
62. Consideration of submissions by Chief Executive
63. Chief Executive to refer draft recovery plan to Minister
64. Minister may return draft recovery plan to Chief Executive for amendment
65. Approval of recovery plan by Minister
66. Reasons for departure from draft recovery plan to be stated
66A. Advice of Scientific Committee to be included in plan
67. Recovery plans to be published
68. Review of recovery plans
Division 2 - Implementation of recovery plans
69. Ministers and public authorities to implement recovery plans
70. Public authorities to report on implementation of recovery plans
71. Notification of proposed departures from recovery plan
72. Consultations with Chief Executive concerning proposed departures
73. Reference of proposed departures to Ministers and Premier
PART 5 - THREAT ABATEMENT PLANS TO MANAGE KEY THREATENING PROCESSES
Note
Division 1 - Preparation of threat abatement plans
74. Chief Executive may prepare threat abatement plans
74A. Joint preparation of threat abatement plans
75. Guidelines for threat abatement plans
76. Priorities for threat abatement plans
77. Contents of threat abatement plans
78. Consultation between chief executive officers
79. Publication of draft threat abatement plan
80. Consideration of submissions by Chief Executive
81. Chief Executive to refer draft threat abatement plan to Minister
82. Minister may return draft threat abatement plan to Chief Executive for amendment
83. Approval of threat abatement plan by Minister
84. Threat abatement plans to be published
85. Review of threat abatement plans
Division 2 - Implementation of threat abatement plans
86. Ministers and public authorities to implement threat abatement plans
87. Public authorities to report on implementation of threat abatement plans
88. Notification of proposed departures from threat abatement plan
89. Consultations with Chief Executive concerning proposed departures
90. Reference of proposed departures to Ministers and Premier
PART 5A - THREATENED SPECIES PRIORITIES ACTION STATEMENT
90A. What the Statement provides for
90B. Chief Executive to prepare and adopt Priorities Action Statement
90C. Publication of draft statement or amendments
90D. Consideration of submissions by Chief Executive
90E. Review to include report on achievements
PART 6 - LICENSING
Note
Division 1 - Grant of licences
91. Licence to harm or pick threatened species, populations or ecological communities or damage habitat
92. Application for licence
93. Payment of licence processing fee
94. Significant effect on threatened species, populations or ecological communities, or their habitats
94A. Assessment guidelines
95. Determination by Chief Executive as to significant effect
96. Publication of licence application
96A. Sale of copies of species impact statement
97. Matters that Chief Executive must take into account
98. Chief Executive may request additional information
99. Determination of licence application
100. Licence may extend to protected fauna or protected native plants
101. Conditions and restrictions to licence
102. Proposed variation of licence to be publicly notified
103. Notification of licence determination
104. Chief Executive to keep register of licences
105. Cancellation of licence
106. Appeal by applicant or person commenting on licence application
107. Time for appeal, and deemed approval
108. Stay of operation of licence pending appeal
Division 2 - Species impact statements
109. Form of species impact statements
110. Content of species impact statement
111. Chief Executive's requirements
112. Regulations
113. Chief Executive may accredit persons to prepare species impact statements
Division 3 - Exceptions to licensing requirements
113A. Regulations
113B. Property management plans
Division 4 - Miscellaneous
113C. Transitional--effect of changes to list of vulnerable species
PART 7 - OTHER CONSERVATION MEASURES
Note
Division 1 - Stop work orders
114. Chief Executive may make stop work order
115. Prior notification of making of stop work order not required
116. Appeal to Minister
117. Extension of stop work order
118. Consultation about modification of proposed detrimental action
119. Recommendation for making of interim protection order
120. Stop work order prevails over other instruments
Division 2 - Joint management agreements
121. Joint management agreements
122. Role of Scientific Committee
123. Contents of joint management agreements
124. Publication of draft joint management agreement
125. Consideration of submissions by Chief Executive
126. Amendment of joint management agreement
Division 3 - Conservation agreements
126A. Conservation agreements
Division 4 - Biodiversity certification of native vegetation reform package
126B. Native vegetation reform package
126C. Biodiversity certification of native vegetation reform package
126D. Effect of biodiversity certification
126E. Suspension of certification in connection with implementation of package
126F. Notification of certification, variation or suspension
Division 5 - (Repealed)
None
PART 7AA - BIODIVERSITY CERTIFICATION
Division 1 - Preliminary
126G. Definitions
Division 2 - Biodiversity certification
126H. Biodiversity certification
126I. Effect of biodiversity certification
Division 3 - Application for biodiversity certification
126J. Who may apply for biodiversity certification
126K. Certification not to be conferred without biodiversity certification strategy
126L. Conservation measures
126M. Biodiversity certification application
126N. Public notification requirements in relation to application
Division 4 - Assessment of application for biodiversity certification
126O. Biodiversity certification to be conferred only if biodiversity values are improved or maintained
126P. When does biodiversity certification improve or maintain biodiversity values
126Q. Minor variations to methodology permitted
126R. Refusal to confer certification
Division 5 - Biodiversity certification assessment methodology
126S. Biodiversity certification assessment methodology
126T. Establishment of methodology
126U. Changes to methodology
126V. Public consultation requirements applicable to methodology
126W. Minor changes to methodology not requiring public consultation
126X. Publication of methodology
Division 6 - Conferral, extension and review of biodiversity certification
126Y. Approved measures under biodiversity certification
126Z. Parties to biodiversity certification
126ZA. Duration of biodiversity certification
126ZB. Extension of biodiversity certification
126ZC. Review of biodiversity certification
Division 7 - Enforcement of approved measures
126ZD. Compliance with approved measures
126ZE. Equivalent conservation measures
126ZF. Appeals
126ZG. Disputes between Minister and other government authorities
Division 8 - Biodiversity certification agreements
126ZH. Biodiversity certification agreements
126ZI. Duration of agreements
126ZJ. Registered agreements run with land
126ZK. Enforcement of agreements
126ZL. Minister may order party to rectify contravention of agreement
126ZM. Court cannot extinguish obligations
126ZN. Regulations--biodiversity certification agreements
Division 9 - Suspension, revocation and modification of certification
126ZO. Suspension and revocation of certification
126ZP. Modification of certification
126ZQ. Application for modification of biodiversity certification
126ZR. Grounds for unilateral modification of certification
126ZS. Appeals
126ZT. Disputes between the Minister and other government authorities
Division 10 - General
126ZU. Notification of certification and changes to certification
126ZV. Suspension, revocation or expiry of biodiversity certification does not affect obligations under certification
126ZW. Effect of changes to biodiversity certification on development and other activities
126ZX. Intra-government dispute resolution arrangements
126ZY. Powers of authorised officers
126ZZ. Effect of failure to comply with procedural requirements
126ZZA. Part 5 of Planning Act does not apply to biodiversity certification process
126ZZB. Extent of biodiversity certification
126ZZC. Regulations
PART 7A - BIODIVERSITY BANKING
Note
Division 1 - Preliminary
127. Definitions
127A. Establishment of biobanking scheme
127B. Biobanking assessment methodology
127C. Publication, amendment and review of biobanking assessment methodology
Division 2 - Biobanking agreements
127D. Biobanking agreements
127E. Content of biobanking agreements
127F. General provisions relating to biobanking agreements
127G. Duration of agreements
127H. Variation of agreements
127I. Registration of agreements
127J. Agreements to run with land
127K. Management actions under biobanking agreement exempt from Planning Act
127L. Enforcement of agreements
127M. Powers of authorised officers
127N. Minister may order owner to rectify breach of biobanking agreement
127O. Transfer of land to Minister
127P. Application of Planning Act
127Q. Proposals by public authorities affecting biobank sites
127R. Resolution of certain disputes
127S. Prospecting and mining on biobank sites
127T. General provisions relating to variation or termination of agreements without consent of owner
127U. Activities authorised by mining authorities and petroleum titles not affected by biobanking agreement
Division 3 - Creation of biodiversity credits
127V. Creation of biodiversity credits
127W. Application for creation of biodiversity credit
127X. Registration of biobank sites
127Y. Duration of biodiversity credit
Division 4 - Trading in biodiversity credits
127Z. Transfers of biodiversity credits
127ZA. Payment of amount into Biobanking Trust Fund on first transfer of credit
127ZB. Registration of transfer of biodiversity credit
127ZC. Other transactions involving biodiversity credits
Division 5 - Cancellation, suspension and retirement of biodiversity credits
127ZD. Grounds for cancellation of biodiversity credit
127ZE. General provisions relating to cancellation of biodiversity credits
127ZF. Suspension of biodiversity credit
127ZG. Application for retirement of biodiversity credits
127ZH. General provisions relating to retirement of biodiversity credits
127ZI. Order requiring biobank site owner to retire biodiversity credits
Division 6 - Biobanking statements
127ZJ. Development for which biobanking is available
127ZK. Application for biobanking statement in respect of development
127ZL. Circumstances in which biobanking statement may be issued
127ZM. Concurrence of Secretary of the Department of Planning and Environment required in certain cases
127ZN. Form and conditions of biobanking statement
127ZO. Effect of issue of biobanking statement--development requiring development consent
127ZP. Effect of issue of biobanking statement--activities under Part 5 of Planning Act
127ZQ. Modification, revocation and lapsing of biobanking statement
127ZR. Minister may require retirement of credits
127ZS. Chief Executive may verify retirement of biodiversity credits
Division 7 - Arrangements for deferral of retirement of biodiversity credits
127ZT. Deferred retirement arrangements
127ZU. Transfer or retirement of biodiversity credits held subject to deferred retirement arrangement
127ZV. Deadline for completion of restorative actions
Division 8 - Financial matters
127ZW. Biobanking Trust Fund
127ZX. Management and control of Fund
127ZY. Fund Manager
127ZZ. Cost recovery
127ZZA. Biodiversity Banking Account
Division 9 - Registers
127ZZB. Register of biobank sites
127ZZC. Register of biodiversity credits
127ZZD. Register of biobanking statements
127ZZE. Evidentiary provisions
127ZZF. Correction of register
Division 10 - Miscellaneous
127ZZG. Appeals
127ZZH. Special arrangements for creation of national parks and other reservations
127ZZI. Conservation brokers
127ZZJ. Participation of Minister
127ZZK. Exemption from liability
127ZZL. Regulations
127ZZM. Regulations not subject to staged repeal
127ZZN. Review of operation of biobanking scheme
PART 8 - SCIENTIFIC COMMITTEE
Note
128. Establishment of Scientific Committee
128A. Functions of Scientific Committee
129. Members of Scientific Committee
130. Provisions relating to members of Scientific Committee
131. Chairperson and Deputy Chairperson
132. Disclosure of pecuniary interests
133. Procedure of Scientific Committee
134. Transaction of business outside meeting or by telephone or other means
135. Scientific Committee not subject to Ministerial control
135A. Exclusion of personal liability
136. Service of documents on Scientific Committee
PART 9 - BIOLOGICAL DIVERSITY STRATEGY
136A. References to Minister and Chief Executive
137-139. (Repealed)
140. The Strategy
141. Procedure for making or amending Strategy
PART 9A - ADVISORY COUNCILS
141A. References to Minister and Chief Executive
141B. Biological Diversity Advisory Council
141C. Social and Economic Advisory Council
141D. Provisions relating to BDAC, SEAC and their members
PART 9B - CRIMINAL AND OTHER PROCEEDINGS
Division 1 - Proceedings for offences generally
141E. Proceedings for offences
Division 2 - Restraining orders
141F. Restraint of breaches of Act or regulations
Division 3 - Court orders in connection with offences
141G. Operation of Division
141H. Orders generally
141I. Orders for restoration and prevention
141J. Orders for costs, expenses and compensation at time offence proved
141K. Recovery of costs, expenses and compensation after offence proved
141L. Orders regarding costs and expenses of investigation
141M. Orders regarding monetary benefits
141N. Additional orders
141O. Offence
PART 10 - MISCELLANEOUS
Note
142. Act binds Crown
142A. Delegation
142B. Chief Executive may accredit persons to prepare assessments and surveys
143. Annual report by Chief Executive on operation of Act
144. Relationship of Act to National Parks and Wildlife Act 1974
145. Native title rights and interests
146. Decision not to disclose location of critical habitat
146A. Decision not to disclose other information
147. (Renumbered)
148. Form of notices
149. Service of documents
150. Regulations
151. (Renumbered)
152. Liability of directors etc for offences by corporation--offences attracting executive liability
152A. Liability of directors etc for offences by corporation--accessory to the commission of the offences
152B. Evidence as to state of mind of corporation
153. Time within which proceedings may be commenced
154. Ancillary offences
154A. Evidentiary provisions etc
154B. Onus of proof of reasonable excuse or lawful excuse
155. Repeal of Endangered Fauna (Interim Protection) Act 1991 No 66 and amending Acts
156. Savings, transitional and other provisions
157. Review of Act
SCHEDULE 1
SCHEDULE 1A
SCHEDULE 2
SCHEDULE 3
Schedule 6 (Repealed)
SCHEDULE 7