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Biodiversity Conservation (Savings and Transitional) Regulation 2017
14Biobanking agreements under TSC Act—pending or interim applications
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#### 14 Biobanking agreements under TSC Act—pending or interim applications
14 Biobanking agreements under TSC Act—pending or interim applications
> > (1) This clause applies to an application to the Minister to enter into a biobanking agreement—
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> > > (a) that was made under Part 7A of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) and that had not been determined on the repeal of that Act, or
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> > > (b) that is made under Part 7A of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) within 6 months after the repeal of that Act (as if that Act had not been repealed), but only if the Minister is satisfied that relevant information was collected before that repeal, or
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> > > (c) that is made under Part 7A of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) within 3 years after the repeal of that Act (as if that Act had not been repealed) in connection with a requirement of a biodiversity certification under Part 7AA of that Act (being a biodiversity certification conferred before the repeal of that Act or conferred after that repeal in accordance with clause 36 or 37), or
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> > > (d) that is made under Part 7A of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) within 3 years after the repeal of that Act (as if that Act had not been repealed) in connection with the Upper Hunter Biodiversity Plan (within the meaning of clause 33 (1)).
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> > (2) The Minister may, within the following time period that applies to the application, determine the application and enter into a biobanking agreement under Part 7A of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) (as if that Act had not been repealed) if satisfied that the application substantially complies with Part 7A of that Act—
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> > > (a) in the case of an application made under subclause (1) (a) or (b)—within 21 months after the commencement of the new Act,
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> > > (b) in the case of an application made under subclause (1) (c) or (d)—within 4 years after the commencement of the new Act.
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> > (3) If the Minister enters into a biobanking agreement as a result of the determination of the application, it is taken to be a biodiversity stewardship agreement entered into under Division 2 of Part 5 of the new Act.
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> **cl 14:** Am 2019 (57), Sch 1 \[1\]–\[4\].