Biodiversity Conservation Act 2016

Public registers of the following are to be kept and made available in accordance with this Division—

biodiversity conservation licences (including the conditions of those licences) and all decisions made to vary, suspend or cancel those licences,

declarations of areas of outstanding biodiversity value under Part 3 and any amendment or revocation of a declaration,

private land conservation agreements under Part 5, including details of any variation or cancellation of any such agreement,

biodiversity credits under Part 6, including documents creating the credits, the number and class (if any) of the credits, the name of the current and former holders of the credits and details relating to all transfers, suspensions, cancellations and retirement of the credits,

the persons who are accredited persons under section 6.10,

orders made by the Minister under section 7.7(3),

the following decisions by an approval authority—

decisions to grant development consent or approval in relation to which the approval authority was required to consider and determine the matters under section 7.16(3),

decisions to grant the modification of a development consent or approval in relation to which the approval authority was, under section 7.17(2)(a), required to consider and determine the matters under section 7.16(3),

the following decisions by a determining authority—

decisions to grant approval for the carrying out of an activity in relation to which the determining authority was required to consider and determine the matters under section 7.16(4),

decisions to grant the modification of an approval for the carrying out of an activity in relation to which the determining authority was, under section 7.17(2)(a), required to consider and determine the matters under section 7.16(4),

decisions to refuse to grant planning approvals or vegetation clearing approvals, or confer biodiversity certifications, if the grounds for refusal included the ground of serious and irreversible impacts on biodiversity values,

orders made under Part 8 conferring, extending, suspending, revoking or modifying biodiversity certification of land,

interim protection orders in force under Division 3 of Part 11,

remediation orders in force under Division 4 of Part 11,

conditions of planning approvals and vegetation clearing approvals, whether imposed on the original approval or as a result of a modification of the approval, that require biodiversity conservation measures to be taken to offset the residual impact of the development, activity or clearing on biodiversity values, and any modification of the conditions, including the following details—

whether the conditions have been met, including the number and class of biodiversity credits yet to be retired, and

if the conditions have been met—when and how the conditions were met, including the following details—

the number of each credit type retired on a like-for-like basis,

any variations applied for,

the biodiversity stewardship agreements that created the credits,

how any other conservation measures were implemented,

measures to avoid and minimise the impact of development, activity or clearing on biodiversity values of land that—

are identified in a biodiversity development assessment report relating to the development, activity or clearing as measures the proponent has taken or will take, or

the proponent of the development, activity or clearing must take under a planning approval or vegetation clearing approval for the development, activity or clearing,

strategies included in the Biodiversity Conservation Program in relation to a threatened species or ecological community,

any other register of information relating to the administration of this Act or biodiversity conservation that is prescribed by the regulations.

The Environment Agency Head is responsible for keeping and making available any such public register.

The Environment Agency Head may engage the Biodiversity Conservation Trust or other persons or bodies to keep (or to assist in keeping) any such public register on behalf of the Environment Agency Head.

Any such register may be kept only in electronic form.

In this section—

approval authority means—

for development consent under the Environmental Planning and Assessment Act 1979, Part 4—the consent authority, and

for development consent for State significant development or approval for State significant infrastructure—the relevant authority.

ground of serious and irreversible impacts on biodiversity values, in relation to a refusal to grant a planning approval or vegetation clearing approval or confer biodiversity certification, means the ground that the proposed development, activity, clearing or biodiversity certification is likely to have serious and irreversible impacts on biodiversity values, determined in accordance with section 6.5, that would remain after the measures proposed to be taken to avoid and minimise the impact of the proposed development, activity, clearing or biodiversity certification on biodiversity values have been taken into account.

planning approval has the same meaning as in section 6.1.

vegetation clearing approval has the same meaning as in section 6.1.