Biodiversity Conservation (Savings and Transitional) Regulation 2017
41Enforcement of biodiversity certification agreements under TSC Act
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41 Enforcement of biodiversity certification agreements under TSC Act
41 Enforcement of biodiversity certification agreements under TSC Act
(1) Any proceedings under section 126ZK of the Threatened Species Conservation Act 1995 that had not been determined on the repeal of that Act are taken to be proceedings under section 13.16 of the new Act.
(2) Proceedings may be instituted under section 13.16 of the new Act to remedy or restrain a breach of a biodiversity certification agreement under Part 7AA of the Threatened Species Conservation Act 1995 that occurred before the repeal of that Act in addition to any such breach that occurs after that repeal.
(3) An order that was made under section 126ZL of the Threatened Species Conservation Act 1995 before the repeal of that Act and that has not been complied with on that repeal is taken to be an order under section 8.18 of the new Act.
(4) An order may be made under section 8.18 of the new Act (and action may be taken under that section by the Minister) in relation to the rectification of a contravention of a biodiversity certification agreement under Part 7AA of the Threatened Species Conservation Act 1995 that occurred before the repeal of that Act in addition to any such contravention that occurs after that repeal.