150Requirement for compliance with relinquishment notice

150 Requirement for compliance with relinquishment notice

(1) A relinquishment notice given to a person (the notice recipient) under this Part must be complied with under section 151 before the end of 6 months after the notice is given. Extension of period to comply (2) The Regulator may extend the period mentioned in subsection (1) by a further period of up to 6 months if the Regulator is satisfied that: (a) not doing so would lead to significant hardship for the notice recipient; or (b) the notice recipient cannot relinquish the original biodiversity certificate under paragraph 151(1)(a), and there are no certificates that could be used to comply with paragraph 151(1)(b) reasonably available for the notice recipient to obtain.

Note: For review of decisions, see Part 20.

(3) Only one extension under subsection (2) may be given in respect of any relinquishment notice. (4) The rules may provide for and in relation to: (a) a person applying for the Regulator to grant an extension under subsection (2); and (b) the Regulator considering, and making a decision on, such an application. Civil penalty (5) A person is liable to a civil penalty if: (a) the person is given a relinquishment notice under this Part; and (b) the notice is not complied with before the end of the period mentioned in subsection (1) (subject to any extension under subsection (2)). (6) Subsection (5) is a civil penalty provision. (7) Despite subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty in relation to a contravention of subsection (5) of this section (whether the person is a body corporate or otherwise) must not be more than the greater of: (a) 2,000 penalty units; and (b) if the court can determine the market value of the biodiversity certificate in relation to which the relinquishment notice was given—twice that market value. (8) In determining the pecuniary penalty, the court must take into account: (a) the nature and extent of any harm to the environment that has been, might be or will be caused by the conduct or circumstances that resulted in the relinquishment notice being given; and (b) the nature and extent of any harm to the market for biodiversity certificates that has been, might be or will be caused by: (i) the conduct or circumstances that resulted in the relinquishment notice being given; or (ii) the failure to comply with the relinquishment notice. (9) Subsection (8) does not limit subsection 82(6) of the Regulatory Powers Act. (10) To avoid doubt, a person may be liable to pay a pecuniary penalty for a contravention of subsection (5) even if: (a) the person is not the holder of any biodiversity certificates; or (b) the person is not the holder of the biodiversity certificate in relation to which the relinquishment notice was given; or (c) the biodiversity certificate in relation to which the relinquishment notice was given is no longer in effect; or (d) the person is not the holder of one or more biodiversity certificates that, if relinquished under section 152 in relation to the relinquishment notice, would result in the relinquishment notice being complied with under paragraph 151(1)(b); or (e) no biodiversity certificates exist that, if relinquished under section 152 in relation to the relinquishment notice, would result in the relinquishment notice being complied with under paragraph 151(1)(b). (11) Section 93 (continuing contraventions) of the Regulatory Powers Act does not apply to subsection (5) of this section.