37

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 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 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that is duly made under Part 7AA of the Threatened Species Conservation Act 1995 (as if that Act had not been repealed).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 and making an application instead for biodiversity certification under the new Act.

cl 37: Am 2019 (57), Sch 1 [5].