New South Wales Consolidated Regulations

BIODIVERSITY CONSERVATION (SAVINGS AND TRANSITIONAL) REGULATION 2017

- Made under the Biodiversity Conservation Act 2016
- As at 28 July 2023
- Reg 433 of 2017

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - PROVISIONS RELATING TO THE PROTECTION OF ANIMALS AND PLANTS

   4.      Existing TSC Act and NPW Act licences as biodiversity conservation licences
   5.      Existing certificate under section 95 of TSC Act as to significant effect
   6.      Existing joint management agreement under TSC Act
   7.      Existing plan of management under NPW Act

   PART 3 - PROVISIONS RELATING TO AREAS OF OUTSTANDING BIODIVERSITY VALUE

   8.      Existing critical habitat continued as declared areas of outstanding biodiversity value

   PART 4 - PROVISIONS RELATING TO THREATENED SPECIES AND ECOLOGICAL COMMUNITIES

   9.      Saving provision relating to existing Scientific Committee
   10.     Existing strategies for species or ecological communities in Priorities Action Statement continued as strategies of Biodiversity Conservation Program
   11.     Pending requests or nominations for listing
   12.     Existing provisional listings

   PART 5 - PROVISIONS RELATING TO PRIVATE LAND CONSERVATION AGREEMENTS

   13.     Continuation of biobanking agreements under TSC Act as biodiversity stewardship agreements under new Act
   14.     Biobanking agreements under TSC Act--pending or interim applications
   15.     Enforcement of biobanking agreements under TSC Act
   16.     Proposals by public authorities affecting (and prospecting and mining on) biobank sites under TSC Act
   17.     Wildlife refuges and conservation agreements under NPW Act
   17A.    New Act applies to variation and termination of certain conservation agreements under NPW Act
   18.     References to biobanking agreement etc in other Acts or instruments

   PART 6 - PROVISIONS RELATING TO BIODIVERSITY OFFSETS SCHEME

   19.     Preservation of existing biodiversity credits under TSC Act
   20.     Biobanking statements issued under TSC Act
   21.     Pending applications for biobanking statements under the TSC Act
   22.     Existing statutory obligations requiring retirement of biodiversity credits
   23.     Preservation of appeals under Part 7A of TSC Act
   24.     Biobanking Trust Fund under TSC Act to become Biodiversity Stewardship Payments Fund
   25.     Biodiversity Banking Account under TSC Act to become Biodiversity Stewardship Operations Account
   26.     References to abolished Fund or Account in other Acts or instruments

   PART 7 - PROVISIONS RELATING TO BIODIVERSITY ASSESSMENT AND APPROVALS UNDER PLANNING ACT

   27.     Definitions: Part 7
   28.     Former planning provisions continue to apply to pending or interim planning applications
   29.     Former planning provisions continue to apply to pending Part 5 assessment and certain modifications of activities
   30.     New Act applies to modification of planning approvals granted before commencement of new Act
   30A.    New Act applies to modifications of planning approvals granted or applied for before commencement of new Act
   31.     New threatened species listings to apply to continued application of former planning provisions
   32.     Data collected for BAM assessments before the commencement of the new Act
   33.     Savings and transitional arrangements for coal mining--Upper Hunter Strategic Assessment Agreement
   34.     BOS threshold--interim arrangement pending publication of Biodiversity Values Map
   34A.    Part 3A concept plan approvals, or other planning arrangements, subject to previous assessment and offsetting

   PART 8 - PROVISIONS RELATING TO BIODIVERSITY CERTIFICATION OF LAND

   35.     Biodiversity certification of land under TSC Act taken to be biodiversity certification under new Act
   36.     Biodiversity certification proposals under TSC Act--pending applications
   37.     Biodiversity certification proposals under TSC Act--applications not yet made
   38.     Conservation measures under TSC Act biodiversity certification
   39.     Compliance with approved measures under TSC Act biodiversity certification
   40.     Biodiversity certification agreements under TSC Act taken to be biodiversity certification agreements under new Act
   41.     Enforcement of biodiversity certification agreements under TSC Act
   42.     Preservation of appeals under Part 7AA of TSC Act
   43.     Preservation of biocertification of Sydney Region Growth Centres SEPP, EPIs etc
   44.     References to biodiversity certification and biodiversity certification agreement under TSC Act in other Acts or instruments

   PART 9 - PROVISIONS RELATING TO PUBLIC CONSULTATION AND PUBLIC REGISTERS

   45.     Public consultation and making of instruments before Act commences
   46.     Preservation of register of biobanking statements under TSC Act

   PART 10 - PROVISIONS RELATING TO BIODIVERSITY CONSERVATION TRUST
   Note

   47.     Members of Board of Nature Conservation Trust cease to hold office
   48.     First annual report of Biodiversity Conservation Trust to include Nature Conservation Trust
   49.     Operating accounts of Nature Conservation Trust to become part of Biodiversity Conservation Fund
   50.     Continuation of existing Trust agreements etc
   51.     References to Nature Conservation Trust in other Acts or instruments

   PART 11 - PROVISIONS RELATING TO REGULATORY COMPLIANCE MECHANISMS

   52.     Existing stop work order under TSC Act
   53.     Remediation orders and directions in relation to previous offences under NPW Act
   54.     Remediation orders and directions in relation to previous offences under NV Act
   54A.    Continuation of orders made under Part 11 of Act in relation to forestry operations

   PART 12 - PROVISIONS RELATING TO INVESTIGATION POWERS

   55.     Use of investigation powers under new Act for enforcement of former Acts
   56.     Continued authority of authorised officers appointed under former Act
   57.     Enforcement requirement under former Act in relation to information or records

   PART 13 - PROVISIONS RELATING TO CRIMINAL AND CIVIL PROCEEDINGS

   58.     Offences under former Act not affected
   58A.    Proceedings for certain offences since repeal of former Acts
   59.     Civil proceedings under former Act not affected
   59A.    Undertakings in relation to previous offences under former Acts

   PART 14 - PROVISIONS CONSEQUENT ON REPEAL OF NATIVE VEGETATION ACT 2003

   60.     Property Vegetation Plans under NV Act continue in force
   61.     Development consents under NV Act continue in force
   62.     Notified clearing under Ministerial orders ("self assessable codes") under NV Act continues in force
   63.     Continuation of existing property agreements continued under NV Act

   PART 15 - MISCELLANEOUS PROVISIONS

   64.     Extension of delegation power to functions under former Acts
   65.     Extension of exemption from liability in relation to former Acts
   66.     Amendment by Act of EPA objectives (relating to social objectives) not to affect environment protection licensing functions
   67.     References to Coastal Management Act 2016 before commencement of that Act
           Schedule 2 (Repealed)