New South Wales Repealed Acts

This legislation has been repealed.

THREATENED SPECIES CONSERVATION ACT 1995 - SECT 126ZP

126ZP Modification of certification

(1) The Minister may, by order published in the Gazette, modify any biodiversity certification by:

(a) modifying the description of land that is biodiversity certified (to extend or limit biodiversity certification), or

(b) modifying the approved measures under the biodiversity certification.

(2) Biodiversity certification may be modified:

(a) on application by a party to the biodiversity certification or a party to a biodiversity certification agreement entered into in connection with the biodiversity certification, or

(b) on the Minister's own initiative.

(3) Biodiversity certification may be modified only if biodiversity certification, as modified, improves or maintains biodiversity values.

Note : See Division 4 for the circumstances in which biodiversity certification improves or maintains biodiversity values.

(4) A biodiversity certification assessment in relation to the proposed modification is to take account of any proposed modifications to the description of the land that is biodiversity certified and the approved measures under the biodiversity certification (whether the modifications are proposed as a result of changes to the relevant biodiversity certification strategy or otherwise).

(5) A biodiversity certification assessment is not required in respect of a proposed modification that substitutes equivalent conservation measures for any of the approved measures under a biodiversity certification.

Note : Equivalent conservation measures are conservation measures that achieve the same biodiversity standard as the approved measures under a biodiversity certification.

(6) The regulations may make further provision for or with respect to the modification of biodiversity certification.