New South Wales Repealed Acts

This legislation has been repealed.

THREATENED SPECIES CONSERVATION ACT 1995 - SECT 127ZI

127ZI Order requiring biobank site owner to retire biodiversity credits

(1) The Minister may, by order in writing to a person, direct the person to retire biodiversity credits of a specified number and class (if applicable) within a time specified in the order.

(2) A direction may be given to a person under this section only if:

(a) the person is the owner of a biobank site (or a former owner), and

(b) the Minister is satisfied that, because of any act or omission by the person, one or more biodiversity credits were created in respect of a management action that was not carried out or completed, or that is not being carried out, in accordance with the relevant biobanking agreement, and

(c) the biodiversity credit or credits created have been transferred to another person or retired.

(3) The number of biodiversity credits, and class (if applicable), that are required to be retired is to be equivalent to the number and class of biodiversity credits that, in the opinion of the Minister, were created in respect of management actions not carried out or completed, or not being carried out, in accordance with the biobanking agreement and which have been transferred or retired.

(4) A direction may be given to a person under this section only if before doing so the Minister:

(a) gives notice to the person that he or she intends to make the direction, and

(b) specifies in that notice the reasons for his or her intention to do so, and

(c) gives the person a reasonable opportunity to make submissions in relation to the proposed direction, and

(d) takes into consideration any such submissions by the person.

(5) A person must not, without reasonable excuse, fail to comply with an order under this section.

Maximum penalty: 5,000 penalty units.

Note : If the owner of a biobank site fails to comply with the order, that failure is also grounds for the cancellation or suspension of registration of a biobank site.

(6) It is not an excuse for a failure to comply with an order under this section that the person who is the subject of the order does not, at the time the order is made, hold a sufficient number of biodiversity credits to comply with the order.

Note : If the person who is the subject of the order does not hold a sufficient number of credits to comply with the order, the person may obtain the required number by purchasing them or carrying out the necessary management actions to create them.

(7) A court that convicts a person of an offence under subsection (5) may, in addition to or in substitution for any pecuniary penalty for the offence, by order direct the person to retire, in accordance with this Part, biodiversity credits of a specified number and class (if applicable) within a time specified in the order and, if the person does not hold sufficient biodiversity credits to comply with the direction, to acquire the necessary biodiversity credits for the purpose of retiring them.

(8) Any action taken under this section does not prevent the Minister from seeking an award of damages against the owner or former owner of a biobank site for a breach of a biobanking agreement.

(9) In this section:

"conviction" includes the making of an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 .