NSWIn ForceRegulation
Biodiversity Conservation (Savings and Transitional) Regulation 2017
21Pending applications for biobanking statements under the TSC Act
Start here
Get a plain-English read of 21
Turn the raw legal text into a practical explanation grounded in Biodiversity Conservation (Savings and Transitional) Regulation 2017.
#### 21 Pending applications for biobanking statements under the TSC Act
21 Pending applications for biobanking statements under the TSC Act
> > (1) This clause applies to an application for a biobanking statement that was made under Part 7A of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) and that had not been determined on the repeal of that Act.
>
> > (2) The Environment Agency Head may, within 12 months after the commencement of the new Act, determine the application (and issue a biobanking statement) under Part 7A of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) (as if that Act had not been repealed) if satisfied that the application substantially complies with Part 7A of that Act. The relevant provisions of that Act and the regulations under that Act continue to have effect for that purpose.
>
> > (3) If the Environment Agency Head issues the biobanking statement, clause 20 applies to the statement as if it had been issued before the repeal of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101). In that case, a reference in clause 20 to a statement that has not been acted on ceasing to have effect 2 years after the repeal of that Act is to be construed as a reference to the period of 2 years after the issue of the statement.
>
> > (4) A deferred retirement arrangement cannot be approved under Part 7A of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) in relation to a biobanking statement issued in accordance with this clause.