New South Wales Repealed Acts

This legislation has been repealed.

THREATENED SPECIES CONSERVATION ACT 1995 - SECT 126S

126S Biodiversity certification assessment methodology

(1) The Minister may, by order published in the Gazette, make rules with respect to the circumstances in which biodiversity certification is to be regarded as improving or maintaining biodiversity values.

(2) In particular, the rules are to establish a methodology for assessing:

(a) the loss of biodiversity values on land proposed for biodiversity certification, and

(b) the impact, or likely impact, of proposed conservation measures on land proposed for biodiversity conservation (including conservation measures that are proposed to be implemented in the future).

(3) The rules may make provision for any loss of biodiversity values that cannot be offset by conservation measures.

(4) The rules must comply with any requirements of the regulations.

(5) Subject to any requirements of the regulations, refraining from doing any thing (whether or not that thing was being done beforehand) may be treated by the rules as an action that improves biodiversity values, if refraining from doing that thing improves biodiversity values or the long term security of biodiversity values.

(6) A methodology provided for by the rules may include provision for the use of specified computer programs or databases.

(7) A decision of the Chief Executive made under the rules is final and not subject to appeal.