Biodiversity Conservation Regulation 2017

The variation rules do not apply to the impact on a listed threatened species or ecological community, or its habitat, of a proposed action that is a controlled action.

A person who pays an amount into the Biodiversity Conservation Fund for the purpose of satisfying a requirement to retire biodiversity credits in connection with the impact on a listed threatened species or ecological community, or its habitat, of a proposed action that is a controlled action is to notify the Biodiversity Conservation Trust when making the payment that the action is a controlled action.

The following provisions apply for the purposes of the application of amounts paid into the Biodiversity Conservation Fund under Division 6 of Part 6 of the Act in connection with the impact on a listed threatened species or ecological community, or its habitat, of a proposed action that the Biodiversity Conservation Trust has been notified is a controlled action—

the variation rules may not be used for the purposes of the retirement of biodiversity credits in respect of the impact of the action on the listed threatened species or ecological community, or its habitat,

in the application of clause 6.6(1)(e), the conservation measure approved by the Minister must be a measure that benefits the listed threatened species or ecological community, or its habitat.

A proposed action is a proposed development or activity that is, or would be, authorised by a planning approval or a vegetation clearing approval.

A proposed action is a controlled action if the Minister administering the Commonwealth Act has decided under Part 7 of Chapter 4 of that Act—

that the action is a controlled action, and

that provisions of section 18 or 18A (or both) of that Commonwealth Act are controlling provisions for the action.

In this clause—