Biodiversity Conservation Act 2016

For the purposes of the provisions of Parts 11–14 of this Act relating to the regulation or enforcement of the native vegetation legislation and the enforcement of this Act in connection with the carrying out of forestry operations—

a reference to the Environment Agency Head is taken to include a reference to the Environment Protection Authority, and

a reference to an authorised officer is taken to include a reference to an authorised officer appointed by the Environment Protection Authority under this Act, and

a reference to the conservation of biodiversity (however expressed) is taken to include a reference to the prevention of the pollution of waters, and

the regulations may make further provision with respect to the application of those provisions.

Relevant information or records held by a native vegetation agency may be provided to another native vegetation agency for the purposes of native vegetation regulation or enforcement by that other agency.

Native vegetation agencies (and Ministers to whom those agencies are responsible) may rely on relevant information or records provided to them under this section for the purposes of native vegetation regulation or enforcement.

Subsections (2) and (3) extend to matters arising under this Act and Part 7A of the Fisheries Management Act 1994 in connection with the carrying out of forestry operations. Accordingly this Act and that Part are, for the purposes of subsections (2), (3) and (5), taken to be native vegetation legislation.

In this section—

native vegetation agency means any of the following—

the Environment Agency Head,

the Environment Protection Authority,

Local Land Services,

the part of the Department of Primary Industries and Regional Development in which persons who are principally involved in the administration of Part 7A of the Fisheries Management Act 1994 are employed.

native vegetation regulation or enforcement means—

the approval, variation or termination of a certificate, plan or other authorisation under the native vegetation legislation, or

the issue of notices, orders or directions by or on behalf of a native vegetation agency—

under this Act (including, without limitation, under Part 11 or 12), or

under the native vegetation legislation,

in connection with the clearing of native vegetation or the carrying out of forestry operations, or

the institution of criminal proceedings in respect of native vegetation offences, or

the taking of civil enforcement proceedings under this Act in connection with the native vegetation legislation.

relevant information or records means information or records obtained (whether or not in connection with the exercise of enforcement powers)—

by a native vegetation agency in connection with the administration of the native vegetation legislation, or

by a native vegetation agency in connection with a native vegetation offence, or

by the Environment Protection Authority in connection with the administration of the provisions of the Protection of the Environment Operations Act 1997relating to the pollution of waters,

including information obtained in connection with an investigation under any such Act or legislation.