Biodiversity Conservation Act 2016

The Minister may enter into an agreement (a biodiversity certification agreement) with a person in connection with biodiversity certification (including a proposal to confer, modify or extend biodiversity certification).

The agreement may make provision for any or all of the following—

requiring the person to make monetary or biodiversity credit contributions to the Minister for the purpose of improving biodiversity,

requiring the person to dedicate land for conservation purposes,

requiring the person to carry out specified actions, or to refrain from carrying out specified actions, on land owned by the person for the purpose of improving biodiversity,

providing for any other conservation measures that the person agrees to implement,

requiring the person to make monetary or biodiversity credit contributions to a planning authority for the purpose of reimbursing the costs incurred or to be incurred by the planning authority in connection with a biodiversity certification proposal,

requiring the person to provide security for the performance of any of the person’s obligations in connection with biodiversity certification,

providing for the timing of the implementation of any of the person’s obligations in connection with biodiversity certification,

providing for monitoring, reporting and audit requirements,

providing for any other matter relating to biodiversity certification.

A planning authority may be a party to a biodiversity certification agreement.

The Minister must not enter into a biodiversity certification agreement relating to Crown land except with the consent of the Minister administering the Crown Land Management Act 2016.

A biodiversity certification agreement has effect indefinitely, or for the period specified in the agreement.