NSWIn ForceRegulation
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](/view/html/inforce/current/act-2016-063)
> > (1) This section applies if concurrence may be required under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), 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](/view/html/inforce/current/act-2016-063), 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.