New South Wales Repealed Acts

This legislation has been repealed.

THREATENED SPECIES CONSERVATION ACT 1995 - SECT 127ZP

127ZP Effect of issue of biobanking statement--activities under Part 5 of Planning Act

(1) If development described in a biobanking statement supplied to a determining authority is an activity to which Part 5 of the Planning Act applies, the activity is taken, for the purposes of that Part, to be an activity that is not likely to significantly affect any threatened species, population or ecological community under this Act, or its habitat.

(2) If a determining authority approves an activity under Part 5 of the Planning Act in respect of which a biobanking statement has been issued and supplied to the determining authority, being a statement that specifies conditions, the determining authority must impose (and is taken to be authorised to impose) a condition on the approval of the activity that requires those conditions to be complied with.

(3) Subsection (2) does not affect the right of a determining authority to impose conditions on the approval of the activity under section 112 of the Planning Act not inconsistent with the conditions of a biobanking statement or to refuse to approve the activity.

(4) If there is a right of appeal under any Act in respect of conditions imposed on the approval, that right does not apply in respect of a condition imposed by the determining authority under subsection (2).

(5) If a determining authority is the proponent of an activity under Part 5 of the Planning Act in respect of which a biobanking statement has been issued, being a statement that specifies conditions, the determining authority must carry out the activity in accordance with the conditions of the biobanking statement.

(6) Subsection (5) does not affect the right of a determining authority to refrain from carrying out the activity or to modify its activity in a manner not inconsistent with the conditions of the biobanking statement.

(7) Despite section 111 of the Planning Act, if a biobanking statement has been issued in respect of an activity, a determining authority is not required to consider the effect of the activity on biodiversity values.

(8) A determining authority is to make arrangements that enable a proponent of an activity to seek a review by the determining authority of any conditions imposed on an approval that are additional to the conditions of a biobanking statement, for the purpose of ensuring that the additional conditions are consistent with the conditions of the biobanking statement. In particular, the arrangements should enable a review to be obtained in relation to any additional condition that relates to impacts that were assessed by the Chief Executive, in accordance with the biobanking assessment methodology, prior to the issue of the biobanking statement.

(9) This section applies subject to any terms of the biobanking statement that limit the statement to:

(a) a particular aspect of the activity, or

(b) a particular part of the land on which the activity is to be carried out, or

(c) the effect of the activity on particular biodiversity values.

(10) For the purposes of this or any other Act, if a determining authority fails to comply with this section in relation to an activity the determining authority is taken not to have complied with Part 5 of the Planning Act.

(11) Nothing in this section affects the operation of Part 5 of the Planning Act in respect of any activity that is likely to significantly affect any threatened species, population or ecological community within the meaning of Part 7A of the Fisheries Management Act 1994 .