Environmental Planning and Assessment Regulation 2021
51Concurrence under Biodiversity Conservation Act 2016
Start here
Get a plain-English read of 51
Turn the raw legal text into a practical explanation grounded in Environmental Planning and Assessment Regulation 2021.
51 Concurrence under Biodiversity Conservation Act 2016
51 Concurrence under Biodiversity Conservation Act 2016
(1) This section applies if concurrence may be required under the Biodiversity Conservation Act 2016, Part 7 from a person (the biodiversity concurrence authority) because the development application indicates that a reduction is being sought in the number of biodiversity credits required to be retired under the biodiversity development assessment report.
(2) The development application must be given to the biodiversity concurrence authority within 10 days, instead of 14 days, after the development application is lodged.
(3) The consent authority must, within 30 days after the application is lodged, notify the biodiversity concurrence authority—
(a) whether it proposes to reduce the number of biodiversity credits required to be retired, and
(b) if so, the amount of and the reasons for the reduction, as referred to in the Biodiversity Conservation Act 2016, section 7.13(4).
(4) If the concurrence of the biodiversity concurrence authority is required because the consent authority proposes to reduce the number of biodiversity credits, the reference in section 53(1)(a) to a concurrence authority giving notice of its decision to a consent authority within 40 days after receiving the development application is taken to be a reference to giving notice within 50 days after the development application is lodged.