37Biodiversity certification proposals under TSC Act—applications not yet made

#### 37 Biodiversity certification proposals under TSC Act—applications not yet made 37 Biodiversity certification proposals under TSC Act—applications not yet made > > (1) This clause applies to a proposed application for biodiversity certification under Part 7AA of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) that had been in the course of preparation, but had not been made, before the repeal of that Act. > > > (2) The Minister may, by order published in the Gazette within 3 months after the commencement of the new Act, declare that any such proposed application may be made under Part 7AA of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) and determined under this clause. The order is to specify the period (not exceeding 2 years after the commencement of the new Act) within which the application must be made. > > > (3) The Minister may determine any such application that is duly made under Part 7AA of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) (as if that Act had not been repealed). Section 142B and other relevant provisions of that Act and the regulations under that Act continue to have effect for that purpose. > > > (4) If the Minister confers biodiversity certification on land as a result of the determination of the application, it is taken to be biodiversity certification conferred on the land under Part 8 of the new Act. > > > (5) This clause does not prevent the applicant for biodiversity certification deciding not to proceed with biodiversity certification under Part 7AA of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) and making an application instead for biodiversity certification under the new Act. > > **cl 37:** Am 2019 (57), Sch 1 \[5\].