4Existing TSC Act and NPW Act licences as biodiversity conservation licences

#### 4 Existing TSC Act and NPW Act licences as biodiversity conservation licences 4 Existing TSC Act and NPW Act licences as biodiversity conservation licences > > (1) The following are existing licences for the purposes of this clause— > > > > > (a) a licence under Part 6 of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) (including a licence the terms of which are set out in an integrated forestry operations approval and that is taken to be a licence granted under that Act to a person carrying out forestry operations covered by the approval, as provided by Part 5B of the [Forestry Act 2012](/view/html/inforce/current/act-2012-096)), > > > > > (b) a licence under section 120 (General licence), section 121 (Occupier’s licence), section 123 (Commercial fauna harvester’s licence), section 124 (Fauna dealer’s licence), section 125A (Emu licence), section 126 (Import and export licences), section 127 (Licence to liberate animals), section 131 (Licence to pick protected native plants), section 132 (Licence to grow native plants for sale), section 132A (Import and export licences for protected native plants) or section 132C (Scientific licences) of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080). > > > (2) An existing licence in force on the commencement of the new Act is taken to be a biodiversity conservation licence under Part 2 of the new Act and has effect according to its tenor (subject to the new Act) for the balance of the period for which it was granted. > > > (3) An application for an existing licence that had not been determined on the commencement of the new Act is taken to be an application for a biodiversity conservation licence under Part 2 of the new Act and may be determined accordingly. > > > (4) Any right of appeal under a former Act to a court, body or person in relation to an application for an existing licence that was determined before the commencement of the new Act is not affected by the repeal of the former Act. > > > (5) A reference in any Act or statutory or other instrument, or in any contract or agreement, to an existing licence is to be read as including a reference to a biodiversity conservation licence under Part 2 of the new Act. This subclause does not apply to any such reference in the new Act or a regulation under the new Act and is subject to any contrary intention in the provision in which the relevant reference occurs.