5Criteria for determining if land eligible to be designated as biodiversity stewardship site (section 5.7(3))

#### 5 Criteria for determining if land eligible to be designated as biodiversity stewardship site (section 5.7(3)) 5.1 Criteria for determining if land eligible to be designated as biodiversity stewardship site (section 5.7(3)) > > (1) Land is not eligible to be designated as a biodiversity stewardship site by a biodiversity stewardship agreement if— > > > > > (a) the Minister is of the opinion that any current or previous use or proposed use of the land proposed to be designated as the site is inconsistent with biodiversity conservation, or > > > > > (b) the Minister is of the opinion that any use or proposed use of any land proposed to be designated as the site (or that is in the vicinity of that land) will prevent relevant management actions from being carried out on the land proposed to be designated as the site or prevent the purpose of those actions from being achieved, or > > > > > (c) the Minister is of the opinion that the owner of the land proposed to be designated as the site is already under a legal obligation to carry out biodiversity conservation measures on the land unless— > > > > > > > (i) a government or statutory agency that imposed the legal obligation, or that administers the provisions relating to the legal obligation (or a Minister to whom the agency is responsible) advises in writing that the legal obligation was not created for biodiversity offset purposes, or > > > > > > > (ii) the biodiversity stewardship agreement is entered into for the purpose of satisfying the legal obligation and the biodiversity credits generated in connection with the land are to be retired and not traded or used to meet any other biodiversity offset obligation, or > > > > > (d) the land is reserved under Part 4 or Part 4A of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), or > > > > > (e) the land is a flora reserve or special management zone within the meaning of the [Forestry Act 2012](/view/html/inforce/current/act-2012-096). > > > (2) A legal obligation to carry out biodiversity conservation measures referred to in subclause (1)(c) includes an obligation under— > > > > > (a) an offset (within the meaning of the [Native Vegetation Regulation 2013](/view/html/repealed/current/sl-2013-0543)) under a property vegetation plan approved under the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103), or > > > > > (b) a set aside under section 60ZC of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051), or > > > > > (c) a condition of an approval or consent under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or > > > > > (d) an offset arrangement made for the purpose of complying with requirements imposed by or under any Act (including the requirements of any authority granted by a public authority under any Act). > > > (3) Subclause (1) does not prevent other parts of a parcel of land (that do not comprise land referred to in subclause (1)(a)–(e)) from being designated as a biodiversity stewardship site by a biodiversity stewardship agreement. > > **cl 5.1:** Am 2021 No 47, Sch 3.1.