154Biodiversity maintenance declaration

154 Biodiversity maintenance declaration

Declaration (1) The Regulator may, by writing, declare that a specified area is a biodiversity maintenance area if: (a) the biodiversity maintenance area is, or has been, the project area, or part of the project area, of a biodiversity project (the maintained project); and (b) the maintained project is, or has been, a registered biodiversity project; and (c) a biodiversity certificate (the original biodiversity certificate) has been issued in relation to the maintained biodiversity project (whether or not the certificate remains in effect); and (d) any of the following apply: (i) a relinquishment notice has been given in relation to the original biodiversity certificate, and the notice was not complied with in accordance with section 150; (ii) a relinquishment notice has been given in relation to the original biodiversity certificate, and the Regulator is satisfied that it is likely that the notice will not be complied with in accordance with section 150; (iii) the Regulator is satisfied that a relinquishment notice is likely to be given in relation to the original biodiversity certificate, and that it is likely that the notice, if given, would not be complied with in accordance with section 150; (iv) the Regulator is satisfied that it would be appropriate to give a relinquishment notice in relation to the original biodiversity certificate, but the notice cannot be given because the person to whom the Regulator would give the notice cannot be located or no longer exists, or for some other reason.

Note: For review of decisions, see Part 20.

(2) A declaration under subsection (1) is a biodiversity maintenance declaration. (3) The biodiversity maintenance area specified in a biodiversity maintenance declaration may consist of: (a) a single area; or (b) multiple areas, which need not be contiguous. Declared prohibited activities (4) A biodiversity maintenance declaration may specify one or more activities that are declared prohibited activities in relation to the biodiversity maintenance area. (5) Without limiting subsection (4), an activity may be specified under that subsection by reference to: (a) the area or areas (which must be, or fall within, the biodiversity maintenance area) on or in which the activity must not be carried out; or (b) a manner or manners in which the activity must not be carried out; or (c) the time or times at which the activity must not be carried out; or (d) the period or periods during which the activity must not be carried out; or (e) the person or persons who must not carry out the activity. Notice of declaration (6) If the Regulator makes a biodiversity maintenance declaration under subsection (1), the Regulator must take all reasonable steps to ensure that notice of the making of the declaration is given to: (a) the project proponent for the maintained project; and (b) if a biodiversity certificate relating to the maintained project is held by a person other than the project proponent for the maintained project—the holder of the certificate; and (c) if there is a relevant land registration official in relation to the maintained project—the relevant land registration official; and (d) if: (i) the biodiversity maintenance area is or includes a native title area; and (ii) there is a registered native title body corporate for the native title area; and (iii) the registered native title body corporate is not the project proponent for the maintained project; the registered native title body corporate; and (e) any other person specified in the rules. Biodiversity maintenance declaration to be published (7) If the Regulator makes a biodiversity maintenance declaration under subsection (1), the Regulator must publish the biodiversity maintenance declaration on the Regulator’s website as soon as practicable after the declaration is made. Biodiversity maintenance declaration is not a legislative instrument (8) A biodiversity maintenance declaration is not a legislative instrument.