Biodiversity Conservation Act 2016

The Minister may, by notification in the public register of private land conservation agreements under Part 9, vary or terminate a biodiversity stewardship agreement without the consent of the owner of the biodiversity stewardship site if a mining or petroleum authority is or has been granted in respect of the site and the Minister is of the opinion that the activity authorised by the mining or petroleum authority—

will adversely affect any management actions that may be carried out on the land under the biodiversity stewardship agreement, or

will adversely affect the biodiversity values protected by the biodiversity stewardship agreement.

If the Minister varies or terminates the biodiversity stewardship agreement under this section, the Minister may, by order in writing to the holder of the mining or petroleum authority, direct the holder to retire biodiversity credits of a number and class (if any) specified by the Minister within a time specified in the order.

A direction may be given to a person under subsection (2) only if biodiversity credits have already been created in respect of management actions that were carried out or proposed to be carried out on the biodiversity stewardship site and have been transferred to any person or retired.

The maximum number of biodiversity credits that the holder of the mining or petroleum authority may be required to retire under the direction is the number of biodiversity credits that have been created in respect of the biodiversity stewardship site.

An obligation to retire credits under this section does not affect any obligation to retire credits in connection with any approval to carry out development in connection with the mining or petroleum authority.

A person must not, without reasonable excuse, fail to comply with a direction under subsection (2).

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

A court that finds a person guilty of an offence under subsection (6) may, in addition to or in substitution for any monetary penalty for the offence, by order direct the person to retire, in accordance with this Act, biodiversity credits of a specified number and class (if applicable) within a time specified in the order.

If a biodiversity stewardship agreement is varied under this section without the approval of the owner of the biodiversity stewardship site, the owner may terminate the agreement by notice in writing to the Minister, but only if—

no biodiversity credits have been created in respect of the biodiversity stewardship site, or

in a case where biodiversity credits have been created (and whether or not transferred)—none of the credits created have been retired and all the credits are cancelled by the Environment Agency Head with the consent of the holder of the credits.

The owner of a biodiversity stewardship site is not entitled to any compensation from the Minister as a result of the variation or termination of an agreement under this section.

The regulations may make provision for or with respect to the reimbursement of the owner of the biodiversity stewardship site or the Minister by the holder of the mining or petroleum authority for the costs incurred by the owner or Minister in establishing the site.

Subsection (10) does not affect any right to compensation the owner may have under the Mining Act 1992, the Petroleum (Onshore) Act 1991 or any other legislation in respect of the grant of the mining or petroleum authority or to activities carried out under the authority.