New South Wales Repealed Acts

This legislation has been repealed.

THREATENED SPECIES CONSERVATION ACT 1995 - SECT 126Q

126Q Minor variations to methodology permitted

(1) The Minister may, for the purpose of a biodiversity certification assessment, permit a variation to be made to the biodiversity certification assessment methodology if the Minister is of the opinion that:

(a) the variation to the methodology is minor, and

(b) the variation would result in a determination that the overall effect of biodiversity certification is to improve or maintain biodiversity values, and

(c) strict adherence to the methodology is in the particular case unreasonable and unnecessary.

(2) A variation to the biodiversity certification assessment methodology is not to be permitted if the Minister is of the opinion that the variation is inconsistent with the classification of a plant species as a threatened species or as a component of an endangered ecological community.

(3) The Minister must cause his or her reasons for permitting a variation to be made to the biodiversity certification assessment methodology to be published on the website of the Office.

(4) The regulations may make further provision for the circumstances in which the Minister may permit a variation to be made to the biodiversity certification assessment methodology under this section.