Biodiversity Conservation Regulation 2017

The Minister may, in addition to directing any management payment to be paid from the Fund, direct the Fund Manager to pay from the Fund to the owner of a biodiversity stewardship site any amount standing to the credit of the biodiversity stewardship site account for that biodiversity stewardship site if—

the biodiversity stewardship site account has an operational surplus, and

the operational surplus amount exceeds the maximum operational surplus for the biodiversity stewardship site account, and

the amount that the Minister directs to be paid from the Fund does not exceed the difference between the operational surplus amount and the maximum operational surplus.

The maximum operational surplus for a biodiversity stewardship site account is—

30% of the total present value of all scheduled management payments in respect of the biodiversity stewardship site for the period starting from the most recent anniversary of the date on which the biodiversity stewardship agreement was entered into and extending to perpetuity, or

such other amount as the Minister determines, having regard to the advice of the Fund Manager.

The Fund Manager is to adjust the balance of the biodiversity stewardship site account concerned to reflect a payment made out of the Fund under this clause.

For the purposes of section 6.34(3)(d) of the Act, the payment out of the Fund of an amount in accordance with a direction given by the Minister under this clause is authorised.