Biodiversity Conservation Act 2016

Proposed development exceeds the biodiversity offsets scheme threshold for the purposes of this Part if it is development of an extent or kind that the regulations declare to be development that exceeds the threshold.

In determining whether proposed development exceeds the biodiversity offsets threshold for the purposes of this Part, any part of the proposed development that involves the clearing of native vegetation on category 1-exempt land (within the meaning of Part 5A of the Local Land Services Act 2013) is to be disregarded.

Note.

See section 6.8(3)—any part of proposed development that involves such clearing of native vegetation is not required to be assessed under the biodiversity assessment method.

A regulation under this section may apply, adopt or incorporate a map published by the Environment Agency Head from time to time.

The regulations may make provision about applications by landholders to the Environment Agency Head to amend a map applied, adopted or incorporated by a regulation under subsection (3), including the following—

the form, content and publication of applications,

processes and requirements for considering and deciding applications, including consultation requirements,

fees for applications,

the form, content and publication of decisions on applications,

the declaring of decisions on applications to be taken to have amended relevant maps, including for particular periods or in particular circumstances.