Biodiversity Conservation Act 2016

accredited person, in relation to the preparation of biodiversity assessment reports, means a person accredited under section 6.10 to prepare those reports in accordance with the biodiversity assessment method.

animal means any animal, whether vertebrate or invertebrate and in any stage of biological development, but does not include—

Note.

Some types of fish may be included in the definition of animal and some types of animals may be included in the definition of fish. See section 14.7.

avoid, minimise and offset hierarchy—see section 6.3A.

biodiversity and biodiversity values—see section 1.5.

biodiversity assessment method means the biodiversity assessment method established under Part 6.

biodiversity assessment report means a biodiversity stewardship site assessment report, a biodiversity development assessment report or a biodiversity certification assessment report prepared by an accredited person.

biodiversity certification means biodiversity certification conferred on land under Part 8 and biodiversity certified land means land on which biodiversity certification has been conferred and is in force under Part 8.

biodiversity conservation licence means a biodiversity conservation licence issued under Division 3 of Part 2 and in force.

Biodiversity Conservation Trust or Trust means the Biodiversity Conservation Trust of New South Wales established by Part 10.

biodiversity credit means a biodiversity credit created by (and in accordance with) a biodiversity stewardship agreement.

biodiversity offsets scheme—see section 6.2.

biodiversity stewardship agreement means a biodiversity stewardship agreement made under Division 2 of Part 5.

Biodiversity Stewardship Payments Fund means the Biodiversity Stewardship Payments Fund established by Division 7 of Part 6.

biodiversity stewardship site means the land that is designated by a biodiversity stewardship agreement to be a biodiversity stewardship site for the purposes of this Act.

Crown land means Crown land within the meaning of the Crown Land Management Act 2016.

damage habitat includes damage caused by—

declared area of outstanding biodiversity value means an area declared under Part 3.

Department means the Department in which this Act is administered.

development has the same meaning as in the Environmental Planning and Assessment Act 1979.

ecological community means an assemblage of species occupying a particular area.

Environment Agency Head means the Secretary of the Department.

function includes a power, authority or duty, and exercise a function includes perform a duty.

habitat includes—

harm an animal includes kill, injure or capture the animal, but does not include harm by changing the habitat of the animal, and attempt to harm an animal includes hunting or pursuing, or using anything, for the purpose of harming the animal.

key threatening process means a threatening process listed in Schedule 4.

landholder means a person who is the owner of land or who, whether by reason of ownership or otherwise, is in lawful occupation or possession, or has lawful management or control, of land.

management action for a biodiversity stewardship site, means an action (or refraining from an action) on the site in respect of which a biodiversity credit may be created.

marine vegetation means mangroves, seagrasses or any other species of plant that at any time in its life cycle must inhabit water (other than fresh water).

mining or petroleum authority means an authority, claim, licence or title (however described) under the Mining Act 1992 or the Petroleum (Onshore) Act 1991.

native vegetation and clearing native vegetation have the same meanings as in Part 5A of the Local Land Services Act 2013.

Note.

Under that Part of that Act, the clearing of dead or non-native plants on certain vulnerable land is taken to be the clearing of native vegetation.

native vegetation legislation means any of the following provisions and any regulations or other instruments or requirements issued or made under those provisions—

native vegetation offence means any offence under the native vegetation legislation.

owner of land includes—

but (unless the regulations otherwise provide) does not include a beneficiary of a trust relating to the land.

pick a plant includes gather, take, cut, remove from the ground, destroy, poison, crush or injure the plant or any part of the plant.

Planning Agency Head means the Secretary of the Department of Planning, Housing and Infrastructure.

Planning Minister means the Minister administering the Environmental Planning and Assessment Act 1979, Parts 4 and 5.

plant means any plant, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, but does not include marine vegetation.

Note.

Some types of marine vegetation may be included in the definition of plant and some types of plants may be included in the definition of marine vegetation. See section 14.7.

prescribed biodiversity conservation measure means an action prescribed under section 6.4(2)(b) as an action that qualifies as a biodiversity conservation measure for the offset rules.

private land conservation agreement means a biodiversity stewardship agreement, a conservation agreement or a wildlife refuge agreement under Part 5.

protected animal means an animal of a species listed or referred to in Schedule 5.

Note.

Some protected animals may also be threatened species of animals, but not all threatened species of animals are protected animals.

protected plant means a plant of a species listed or referred to in Schedule 6.

Note.

Some protected plants may also be threatened species of plants, but not all threatened species of plants are protected plants.

public authority means any public or local authority constituted by or under an Act, a Public Service agency, a NSW Government agency or a State owned corporation, and includes a person exercising any function on behalf of the authority, agency or corporation and any person or body declared by the regulations to be a public authority.

relevant authority means—

residual impact, on biodiversity values, means the impact on biodiversity values of proposed development, activity or clearing after taking the following measures to avoid and minimise the impact—

species includes—

threatened ecological community means a critically endangered ecological community, an endangered ecological community or a vulnerable ecological community listed in Schedule 2.

threatened species means a critically endangered species, an endangered species or a vulnerable species listed in Schedule 1.

Threatened Species Scientific Committee or Scientific Committee means the Threatened Species Scientific Committee established by Division 7 of Part 4.

threatening process means a process that threatens, or that may threaten, the survival or evolutionary development of species or ecological communities.

Tier 1, Tier 2, Tier 3, Tier 4 or Tier 5 monetary penalty, in relation to an offence, indicates the maximum monetary penalty that a court may impose for the offence—see section 13.1 for the relevant maximum amounts.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.