Biodiversity Conservation Act 2016 (NSW)
Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) No 96, Sch 1[21] [22] and [25] (not commenced)
Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.3 (not commenced)
Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025
Environment and Water Legislation Amendment Bill 2025
An Act relating to the conservation of biodiversity; and to repeal the Threatened Species Conservation Act 1995, the Nature Conservation Trust Act 2001 and the animal and plant provisions of the National Parks and Wildlife Act 1974.
This Act is the Biodiversity Conservation Act 2016.
This Act commences on a day or days to be appointed by proclamation.
The purpose of this Act is to maintain a healthy, productive and resilient environment for the greatest well-being of the community, now and into the future, consistent with the principles of ecologically sustainable development (described in section 6(2) of the Protection of the Environment Administration Act 1991), and in particular—
(a) to conserve biodiversity at bioregional and State scales, and
(b) to maintain the diversity and quality of ecosystems and enhance their capacity to adapt to change and provide for the needs of future generations, and
(c) to improve, share and use knowledge, including local and traditional Aboriginal ecological knowledge, about biodiversity conservation, and
(d) to support biodiversity conservation in the context of a changing climate, and
(e) to support collating and sharing data, and monitoring and reporting on the status of biodiversity and the effectiveness of conservation actions, and
(f) to assess the extinction risk of species and ecological communities, and identify key threatening processes, through an independent and rigorous scientific process, and
(g) to regulate human interactions with wildlife by applying a risk-based approach, and
(h) to support conservation and threat abatement action to slow the rate of biodiversity loss and conserve threatened species and ecological communities in nature, and
(i) to support and guide prioritised and strategic investment in biodiversity conservation, and
(j) to encourage and enable landholders to enter into voluntary agreements over land for the conservation of biodiversity, and
(k) to establish a framework, reflecting the avoid, minimise and offset hierarchy, to avoid, minimise and offset the impacts of proposed development and land use change on biodiversity, and
(l) to establish a scientific method for assessing the likely impacts on biodiversity values of proposed development and land use change, for calculating measures to offset those impacts and for assessing improvements in biodiversity values, and
(m) to establish market-based conservation mechanisms through which the biodiversity impacts of development and land use change can be offset at landscape and site scales, and
(n) to support public consultation and participation in biodiversity conservation and decision-making about biodiversity conservation, and
(o) to make expert advice and knowledge available to assist the Minister in the administration of this Act.
This Act applies in relation to animals and plants and not (unless otherwise provided) in relation to fish and marine vegetation.
The Fisheries Management Act 1994 contains provisions in relation to fish and marine vegetation.
For the purposes of this Act,
For the purposes of this Act,
(a) vegetation integrity—being the degree to which the composition, structure and function of vegetation at a particular site and the surrounding landscape has been altered from a near natural state,
(b) habitat suitability—being the degree to which the habitat needs of threatened species are present at a particular site,
(c) biodiversity values, or biodiversity-related values, prescribed by the regulations.
In this Act—
(a) humans, or
(b) fish within the meaning of the Fisheries Management Act 1994.
Some types of fish may be included in the definition of
(a) removing or relocating any part of the habitat, and
(b) activities that prevent the continued use of the habitat by animals.
(a) an area periodically or occasionally occupied by a species or ecological community, and
(b) the biotic and abiotic components of an area.
Under that Part of that Act, the clearing of dead or non-native plants on certain vulnerable land is taken to be the clearing of native vegetation.
(a) Part 5A (Land management (native vegetation)) of, and Schedule 5A to, the Local Land Services Act 2013,
(b) Part 5B (Private native forestry) of the Local Land Services Act 2013,
(c) Part 5A (Forest agreements) and Part 5B (Integrated forestry operations approvals) of the Forestry Act 2012.
(a) every person who, either at law or in equity—
(i) is entitled to the land for any estate of freehold in possession, or
(ii) is a person to whom the Crown has lawfully contracted to sell the land under the Crown Land Management Act 2016 or any other Act relating to the alienation of lands of the Crown, or
(iii) is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits in respect of the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise, and
(b) a person who leases land under the Crown Land Management Act 2016, and
(c) any other person who, under the regulations, is taken to be the owner of the land,
but (unless the regulations otherwise provide) does not include a beneficiary of a trust relating to the land.
Some types of marine vegetation may be included in the definition of
Some protected animals may also be threatened species of animals, but not all threatened species of animals are protected animals.
Some protected plants may also be threatened species of plants, but not all threatened species of plants are protected plants.
(a) for an application for development consent under the Environmental Planning and Assessment Act 1979, Part 4 for State significant development—the consent authority within the meaning of that Act, section 4.5, or
(b) for an application for approval under the Environmental Planning and Assessment Act 1979, Division 5.2 to carry out State significant infrastructure—the Planning Minister.
(a) the measures on which a biodiversity development assessment report relating to the proposed development, activity or clearing was based,
(b) the measures required to be carried out under a consent or approval for the proposed development, activity or clearing.
(a) a defined subspecies, and
(b) a taxon below a subspecies, and
(c) a recognisable variant of a subspecies or taxon, and
(d) a population of a particular species (being a group of organisms, all of the same species, occupying a particular area).
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
In this Act, a reference to a person entitled to the benefit of a covenant includes, in the case of a covenant imposed under section 88D or 88E of the Conveyancing Act 1919, a reference to a prescribed authority (within the meaning of those sections) or a person entitled to exercise, on behalf of the Crown, the functions of a prescribed authority under those sections.
Notes included in this Act do not form part of this Act.
Division 2 provides defences in any proceedings for an offence under this Division.
For civil enforcement—see Part 13.
A person who harms or attempts to harm—
(a) an animal that is of a threatened species, or
(b) an animal that is part of a threatened ecological community, or
(c) a protected animal,
is guilty of an offence.
Maximum penalty (includes additional penalty for each animal)—
(a) in the case of an animal that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or community)—Tier 1 monetary penalty or imprisonment for 2 years, or both, or
(b) in the case of an animal that is (or is part of) a vulnerable species or vulnerable ecological community—Tier 3 monetary penalty, or
(c) in any other case—Tier 4 monetary penalty.
If the act that harms an animal is the clearing of native vegetation by or on behalf of a landholder on category 1-exempt land under Part 5A of the Local Land Services Act 2013, the person does not commit an offence under this section unless it is established that the person knew that the act would be likely to harm the animal.
A person who picks—
(a) a plant that is of a threatened species, or
(b) a plant that is part of a threatened ecological community, or
(c) a protected plant,
is guilty of an offence.
Maximum penalty (includes additional penalty for each plant)—
(a) in the case of a plant that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or community)—Tier 1 monetary penalty or imprisonment for 2 years, or both, or
(b) in the case of a plant that is (or is part of) a vulnerable species or vulnerable ecological community—Tier 3 monetary penalty, or
(c) in any other case—Tier 4 monetary penalty.
In any prosecution for an offence under this section, proof that a plant was found in the possession of the person charged is prima facie evidence that the person picked the plant.
A person who damages a declared area of outstanding biodiversity value is guilty of an offence.
Maximum penalty—Tier 1 monetary penalty or imprisonment for 2 years, or both.
A person—
(a) who damages any habitat of a threatened species or threatened ecological community, and
(b) who knows that it is the habitat of any such species or community,
is guilty of an offence.
Maximum penalty—Tier 1 monetary penalty or imprisonment for 2 years, or both.
A person who damages habitat of a threatened species or threatened ecological community in the course of carrying out any unlawful activity is taken to know that it was habitat of that kind unless the person establishes that the person did not know that it was habitat of that kind.
A person who deals in or attempts to deal in—
(a) an animal or plant that is of a threatened species, or
(b) an animal or plant that is part of a threatened ecological community, or
(c) a protected animal or protected plant,
is guilty of an offence.
Maximum penalty (includes additional penalty for each animal or plant)—
(a) in the case of an animal or plant that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or community)—Tier 1 monetary penalty or imprisonment for 2 years, or both, or
(b) in the case of an animal or plant that is (or is part of) a vulnerable species or vulnerable ecological community—Tier 3 monetary penalty, or
(c) in any other case—Tier 4 monetary penalty.
For the purposes of this section, a person
(a) buys or sells the animals or plants, or
(b) trades in animals or plants, or
(c) imports into, or exports from, New South Wales the animals or plants, or
(d) possesses the animals or plants.
This section applies to an animal or plant, whether or not it is a living animal or plant, and extends to a part of an animal or plant.
The regulations may exclude a dealing of a kind described in the regulations from the application of this section.
In this section—
(a) advertise or hold out as being prepared to buy, sell, trade, import or export animals or plants, and
(b) deliver or receive animals or plants for the purpose of their purchase, sale, trade, import or export.
A person who, without authority, liberates in New South Wales any animal (other than a captured protected animal) is guilty of an offence.
A person who, without authority, liberates a captured protected animal in a place other than the place of its capture is guilty of an offence.
In this section,
Maximum penalty—Tier 3 monetary penalty.
In this section—
The regulations may make provision for or with respect to the protection, care or preservation of marine mammals, including prohibiting or regulating—
(a) approaching a marine mammal any closer than the distance prescribed by the regulations, or
(b) interfering with or doing any other thing in relation to a marine mammal.
Any such regulation may impose a Tier 2 monetary penalty for an offence against any such regulation, and may impose a Tier 1 monetary penalty or imprisonment for 2 years, or both, for any such offence if the offence is committed in the course of commercial operations relating to the killing of marine mammals.
Any such regulation may provide that any action prohibited by the regulation in relation to marine mammals constitutes harming a marine mammal for the purposes of this Act.
A biodiversity conservation licence is not to be issued under Division 3 to authorise a person to harm or obtain a marine mammal for exhibition or other purposes unless the person issuing the licence is satisfied that it is necessary for genuine scientific or educational purposes or any other purpose connected with the conservation or protection of marine mammals.
It is a defence to a prosecution for an offence under Division 1 if the person charged establishes any of the following in relation to the act that constitutes the offence—
(a) Planning approval etc The act was necessary for the carrying out of—
(i) development in accordance with a development consent within the meaning of the Environmental Planning and Assessment Act 1979, or
(ii) development that is exempt development under that Act, or
Note. Section 76(3) of that Act provides that development carried out in a declared area of outstanding biodiversity value or in a wilderness area is not authorised exempt development.
(iii) an activity by a determining authority within the meaning of Part 5 of that Act that was carried out after compliance with that Part, or
(iv) an activity authorised by an approval granted by a determining authority within the meaning of Part 5 of that Act after compliance with that Part, or
(v) an approved transitional Part 3A project under Schedule 6A to that Act, or
(vi) State significant infrastructure approved under that Act, Division 5.2.
(b) Authorised clearing of native vegetation—rural areas The act was clearing native vegetation on category 1-exempt land (within the meaning of Part 5A of the Local Land Services Act 2013), other than any such clearing by a person—
(i) that harms an animal and that the person knew would be likely to harm the animal, or
(ii) that damages the habitat of an animal that is (or is part of) a threatened species or threatened ecological community and that the person knew would be likely to damage that habitat.
The act was clearing native vegetation on category 2-regulated land (within the meaning of Part 5A of the Local Land Services Act 2013)—
(i) that was an allowable activity authorised under Division 4 of Part 5A of the Local Land Services Act 2013, or
(ii) that was authorised by a land management (native vegetation) code under Division 5 of that Part, or
(iii) that was authorised by an approval under Division 6 of that Part, or
(iv) that was authorised or required under Division 5 of that Part in relation to a set aside area under that Division.
The defences under this paragraph do not apply if the act was the carrying out of a forestry operation in a State forest or other Crown-timber land to which an integrated forestry operations approval under Part 5B of the Forestry Act 2012 applies.
(c) Authorised removal of trees etc—urban areas The act was picking plants and was authorised by a permit or other authorisation under an environmental planning instrument made under section 26(4) of the Environmental Planning and Assessment Act 1979.
(d) Rural fires authorisation The act was—
(i) an emergency fire fighting act or emergency bush fire hazard reduction work within the meaning of the Rural Fires Act 1997, or
(ii) bush fire hazard reduction work to which section 100C(4) of the Rural Fires Act 1997 applies or vegetation clearing work under Part 4, Division 9 of that Act.
(e) Electricity network operator bush fire risk mitigation direction on private bush fire prone lands The act was picking plants and was required to be done to give effect to a direction of a network operator under Division 2A of Part 5 of the Electricity Supply Act 1995.
(f) State emergency authorisation The act was authorised by or under the State Emergency and Rescue Management Act 1989 or the State Emergency Service Act 1989 and was reasonably necessary in order to avoid a threat to life or property.
(g) Plantation operations authorisation The act was the carrying out of a plantation operation on an authorised plantation in accordance with the Plantations and Reafforestation Act 1999, the conditions of the authorisation and the provisions of the Plantations and Reafforestation Code applying to the plantation.
(h) Forestry operations authorisation The act was—
(i) the carrying out of a forestry operation in a State forest or other Crown-timber land to which an integrated forestry operations approval under Part 5B of the Forestry Act 2012 applies, being a forestry operation that is carried out in accordance with the approval, or
(ii) the carrying out of a forestry operation that is authorised by a private native forestry plan under Part 5B of the Local Land Services Act 2013, being a forestry operation that is carried out in accordance with the plan and the applicable private native forestry code of practice.
Note. See also section 44(7) and (8) of the Forestry Act 2012, as inserted by Schedule 11 to this Act.
(i) Private land conservation agreements The act was authorised by a private land conservation agreement (including a conservation agreement under the National Parks and Wildlife Act 1974).
(j) Aboriginal land The act was picking or possessing protected plants on lands reserved or dedicated under Part 4A of the National Parks and Wildlife Act 1974 by an Aboriginal owner on whose behalf the lands are vested in an Aboriginal Land Council under that Part or any other Aboriginal person who has the consent to do so of the relevant Aboriginal owner board members (within the meaning of that Act).
(k) Domestic purposes of Aboriginal persons The act was—
(i) harming, attempting to harm or possessing protected animals, or
(ii) picking or possessing protected plants (but only to the extent of gathering or harvesting fruit, flowers or other parts of the plants),
by an Aboriginal person (or any dependant of an Aboriginal person) for his or her own domestic purposes. Any such act is subject to any exemption or requirement provided by the regulations.
(l) Non-commercial hobby activities The act was not done for commercial purposes and was picking plants that were cultivated by the person as a hobby or were cultivated by another person as a hobby.
(m) Plants obtained from commercial plant growers The act was picking plants that were obtained from a person who was authorised to grow and sell them by a licence issued under this Act.
(n) Joint management agreements The act was authorised by a joint management agreement entered into in accordance with regulations between the Minister and one or more public authorities for the management or control of any action that is jeopardising the survival of a threatened species or threatened ecological community.
(o) Officials enforcing Act The act was done by a person engaged in the administration of this Act for the purposes only of determining whether this Act or the regulations have been contravened or of exercising any other official function of the person.
In the case of an act done in a declared area of outstanding biodiversity value the defences under subsection (1)(b), (c), (h), (k), (l) and (m) do not apply.
Other Acts authorise particular activities despite harm to animals or picking plants eg section 6A of the Game and Feral Animal Control Act 2002 with respect to hunting game animals authorised by a game hunting licence, or native game birds under a native game bird management licence.
The regulations may make provision for additional defences to a prosecution for an offence under Division 1, including by reference to acts done in accordance with codes of practice made or adopted under subsection (2).
The regulations may provide for the making and publication by the Minister of codes of practice relating to animals or plants or for the adoption of other codes of practice relating to animals or plants.
It is a defence to a prosecution for an offence under Division 1 if the person charged establishes that the act that constitutes the offence was authorised by, and done in accordance with, a biodiversity conservation licence under Division 3.
The Environment Agency Head may grant a licence (a
An application for a biodiversity conservation licence—
(a) is to be made to the Environment Agency Head in the form approved by that Agency Head and containing the information required by that Agency Head, and
(b) is to be accompanied by the standard application fee prescribed by the regulations.
If the Environment Agency Head considers that the cost of determining a particular application for a biodiversity conservation licence exceeds the standard application fee, that Agency Head may require the applicant to pay an additional amount for the determination of the application if the additional amount is calculated in accordance with a methodology published by the Environment Agency Head and does not exceed the additional reasonable costs of determining that application.
See section 14.6 with respect to recovery, waiver or refund of fees.
The Environment Agency Head may require the applicant for a biodiversity conservation licence to provide such additional information as the Environment Agency Head may require to determine the application.
If an application for a biodiversity conservation licence is duly made, the Environment Agency Head may—
(a) grant the licence, or
(b) refuse to grant the licence.
A biodiversity conservation licence may be granted for the period specified in the licence.
The Environment Agency Head may, by notice served on the holder of a biodiversity conservation licence, vary the licence. A licence may be varied on the application of the holder of the licence or on the initiative of the Environment Agency Head.
To avoid doubt, the Environment Agency Head is not a determining authority for the purposes of Part 5 of the Environmental Planning and Assessment Act 1979 when granting or varying a biodiversity conservation licence.
The Environment Agency Head may refuse to grant a biodiversity conservation licence if the Agency Head considers that the application for the licence relates to a matter that should be dealt with by an application for an approval to clear native vegetation under Division 6 of Part 5A of the Local Land Services Act 2013.
A biodiversity conservation licence may be granted unconditionally or subject to such conditions as are specified or referred to in the licence or as are prescribed by the regulations.
The conditions that may be imposed on a biodiversity conservation licence include—
(a) minimum standards relating to the humane treatment of animals (including minimum standards relating to the accommodation, care, rescue, rehabilitation, release or killing of animals), or
(b) the places at which animals are to be kept, or
(c) the keeping of records, or
(d) conditions on any other matter that the Environment Agency Head considers appropriate in the circumstances.
The variation of a biodiversity conservation licence under section 2.13 includes the addition, removal or amendment of a condition of the licence (other than a condition prescribed by the regulations).
A person who contravenes a condition of a biodiversity conservation licence is guilty of an offence.
Maximum penalty—
(a) in the case of a contravention that relates to an animal or plant that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or community)—Tier 1 monetary penalty or imprisonment for 2 years, or both, or
(b) in the case of a contravention that relates to an animal or plant that is (or is part of) a vulnerable species or vulnerable ecological community—Tier 3 monetary penalty, or
(c) in any other case—Tier 4 monetary penalty.
A defence to a prosecution for an offence under Division 1 extends to a prosecution for an offence under subsection (4).
A person cannot be convicted of both an offence under subsection (4) and an offence under Division 1 in respect of the same act or omission because the defence for an offence under Division 1 provided by the biodiversity conservation licence is not available as a result of the contravention of the condition of the licence.
The Environment Agency Head may, by notice served on the holder of a biodiversity conservation licence, suspend or cancel the licence for any reason the Environment Agency Head thinks appropriate.
In this section—
(a) to refuse an application for a biodiversity conservation licence, or
(b) to grant a biodiversity conservation licence subject to conditions, or
(c) to vary a biodiversity conservation licence, or
(d) to suspend or cancel a biodiversity conservation licence.
The Environment Agency Head is required to provide a written statement of reasons for a licensing decision if the applicant or holder of the licence makes a written request for the statement of reasons.
An applicant for, or the holder of, a biodiversity conservation licence may appeal to the Land and Environment Court against a licensing decision.
The appeal is to be made within the time prescribed by the regulations and in the manner prescribed by the rules of the Court.
The regulations may provide that a failure to determine an application for a biodiversity licence within the period provided by the regulations is taken to be a refusal of the application for the purposes of this section.
The lodging of an appeal does not, except to the extent the Court otherwise directs in relation to the appeal, operate to stay the decision appealed against.
The regulations may make provision for or with respect to biodiversity conservation licences and, in particular, for or with respect to the following—
(a) the assessment of applications for licences (including mandatory impact assessment requirements carried out by or on behalf of the applicant),
(b) the eligibility of persons to be granted a licence,
(c) different classes of licences,
(d) the conditions of licences,
(e) the obligations of the holders of licences,
(f) the accreditation of providers of wildlife rehabilitation and rescue services and the services to which the accreditation relates that are to be taken to be the subject of a biodiversity conservation licence.
In this section—
(a) a protected animal that is, at the time of birth, in the lawful possession of any person other than the Crown, or
(b) a protected animal imported into New South Wales, or
(c) a protected animal that was, before the commencement of the National Parks and Wildlife Act 1974 on 1 January 1975, lawfully taken or in the lawful possession of any person other than the Crown and that had not been liberated before 1 January 1975, or
(d) a protected animal of a class prescribed by the regulations for the purposes of this definition.
A protected animal (other than an excluded protected animal) is, until lawfully captured or killed, deemed to be the property of the Crown.
A protected animal is, when liberated in New South Wales, deemed to be the property of the Crown.
A protected animal that is deemed by this section to be the property of the Crown does not cease to be the property of the Crown merely because a person other than the Crown—
(a) takes possession of it because it is incapable of fending for itself in its natural habitat, or
(b) takes or obtains it under and in accordance with a biodiversity conservation licence that declares that any animal so taken or obtained remains the property of the Crown.
The progeny of any protected animal that was born at a time when the protected animal was in the possession of a person in the circumstances referred to in subsection (4) is, at the time of birth, deemed to be in the lawful possession of the Crown instead of that person.
The regulations may amend or substitute Schedule 5 (Protected animals) or Schedule 6 (Protected plants).
The regulations may make provision for or with respect to the regulation or welfare of protected animals and the regulation of protected plants. In particular, the regulations may—
(a) regulate the breeding of protected animals, and
(b) make provision for or with respect to the registration of persons who deal in protected animals or protected plants and of premises used by those persons, and
(c) require the keeping of records by persons who deal in protected animals or protected plants, and
(d) make provision for or with respect to the preparation of management plans in relation to any commercial activity that may adversely affect protected animals or protected plants (including provision with respect to tagging of animals or plants that are sold).
In this section,
The Minister may, in accordance with this Part, declare any area in the State to be an area of outstanding biodiversity value.
An area is so declared by publication of a notice of the declaration on the NSW legislation website.
An area may be declared as an area of outstanding biodiversity value if the Minister is of the opinion that (in accordance with any criteria prescribed by the regulations)—
(a) the area is important at a state, national or global scale, and
(b) the area makes a significant contribution to the persistence of at least one of the following—
(i) multiple species or at least one threatened species or ecological community,
(ii) irreplaceable biological distinctiveness,
(iii) ecological processes or ecological integrity,
(iv) outstanding ecological value for education or scientific research.
The declaration of an area may relate to, but is not limited to, protecting threatened species or ecological communities, connectivity, climate refuges and migratory species.
Before an area is declared to be an area of outstanding biodiversity value—
(a) the Environment Agency Head must recommend the declaration of the area, and
(b) the Environment Agency Head must notify landholders whose land is within the proposed area, and any public authorities that appear to the Agency Head to exercise functions in relation to land within the proposed area, of the recommendation to declare the area, and
(c) the Environment Agency Head must give those landholders and public authorities a reasonable opportunity to make submissions with respect to the recommendation to declare the area, and
(d) the public consultation required by Part 9 is to be undertaken in relation to the proposed declaration of the area, and
(e) the Environment Agency Head must seek and consider the advice of the Threatened Species Scientific Committee, the Biodiversity Conservation Trust and the Biodiversity Conservation Advisory Panel.
The Environment Agency Head may amend or not proceed with a recommendation following consideration of any such advice or any submissions from landholders, public authorities or others.
A declaration is not invalid because of any failure to fully comply with this section.
After an area is declared to be an area of outstanding biodiversity value—
(a) the Environment Agency Head is to notify the making of the declaration to any landholder whose land is within the proposed area and any public authorities that appear to the Agency Head to exercise functions in relation to land within the proposed area, and
(b) the Minister is to take reasonable steps to enter into a private land conservation agreement with any landholder whose land is within the proposed area.
The Environment Agency Head is to notify any such landholder or public authority of the amendment or revocation of the declaration.
A declaration of an area of outstanding biodiversity value may be amended or revoked by the Minister by notice published on the NSW legislation website.
The declaration of an area is not to be revoked (or amended to remove any part of the area from the declaration) unless the Minister is of the opinion that the area (or part of the area) is not eligible to be declared or that the procedures of this Part for making the declaration were not complied with.
The procedure that applies under this Part to the making of a declaration applies to the amendment or revocation of a declaration, except an amendment to correct a minor error or omission or as otherwise provided by the regulations.
The regulations may make provision for or with respect to—
(a) the declaration (or the amendment or revocation of a declaration) of an area of outstanding biodiversity value, or
(b) the protection of declared areas of outstanding biodiversity value.
In this Part—
Schedule 1 contains a list of threatened species of animals and plants for the purposes of this Act, comprising the following—
(a) critically endangered species,
(b) endangered species,
(c) vulnerable species.
Schedule 2 contains a list of threatened ecological communities of animals and plants for the purposes of this Act, comprising the following—
(a) critically endangered ecological communities,
(b) endangered ecological communities,
(c) vulnerable ecological communities.
Schedule 3 contains a list of extinct species, species extinct in the wild and collapsed ecological communities of animals and plants for the purposes of this Act.
A species is eligible to be listed under this Part as a threatened species, or as part of a threatened ecological community, only if it is, in the opinion of the Scientific Committee—
(a) a species of animal that is native to New South Wales or that is known to periodically or occasionally migrate to New South Wales, or
(b) a species of plant that is native to New South Wales.
An animal or plant is native to New South Wales if it was established in Australia before European settlement and it occurs naturally in New South Wales.
The definition of
A species is eligible to be listed as a
A species is eligible to be listed as an
(a) it is facing a very high risk of extinction in Australia in the near future, as determined in accordance with criteria prescribed by the regulations, and
(b) it is not eligible to be listed as a critically endangered species.
A species is eligible to be listed as a
(a) it is facing a high risk of extinction in Australia in the medium-term future, as determined in accordance with criteria prescribed by the regulations, and
(b) it is not eligible to be listed as an endangered or critically endangered species.
If a species is not eligible to be listed in any category in accordance with this section on the basis of the risk of extinction in Australia, then it is eligible to be listed in accordance with this section on the basis of the risk of extinction in New South Wales.
The regulations may make provision in connection with the separate listing of threatened species and populations of those species.
An ecological community is eligible to be listed as a
An ecological community is eligible to be listed as an
(a) it is facing a very high risk of extinction in Australia in the near future, as determined in accordance with criteria prescribed by the regulations, and
(b) it is not eligible to be listed as a critically endangered ecological community.
An ecological community is eligible to be listed as a
(a) it is facing a high risk of extinction in Australia in the medium-term future, as determined in accordance with criteria prescribed by the regulations, and
(b) it is not eligible to be listed as an endangered or critically endangered ecological community.
If an ecological community is not eligible to be listed in any category in accordance with this section on the basis of the risk of extinction in Australia, then it is eligible to be listed in accordance with this section on the basis of the risk of extinction in New South Wales.
A species is eligible to be listed as an
A species is eligible to be listed as a
(a) it is known only to survive in Australia in cultivation, in captivity or as a naturalised population well outside its past range, or
(b) it has not been recorded in its known or expected habitat in Australia, despite targeted surveys, over a time frame appropriate, in the opinion of the Scientific Committee, to its life cycle and form.
If, in the opinion of the Scientific Committee, a species is extinct or extinct in the wild in New South Wales but not Australia, it is to note that fact in a listing of the species in Schedule 1.
An ecological community is eligible to be listed as a
A regulation that prescribes criteria for the purposes of this Division is not to be made unless the Minister certifies that—
(a) the criteria are based on scientific principles only, and
(b) the criteria for listing under a common assessment method agreed between the Commonwealth, States and Territories were given due consideration before the regulation was made.
This Division sets out the procedure for listing species and ecological communities in Schedule 1, 2 or 3.
This Division does not apply to a provisional listing under Division 4.
The Scientific Committee is responsible for determining the listing of species and ecological communities.
The Scientific Committee may determine the listing of species and ecological communities on its own initiative.
The Scientific Committee may also determine the listing of species and ecological communities—
(a) following a request by the Minister, or
(b) on a nomination under this Division of any other person, or
(c) following an assessment for listing by the Commonwealth or another State or Territory under a common assessment method agreed between the Commonwealth, States and Territories.
The Scientific Committee is required to prioritise the assessment of the nominations and other proposals for listing species or ecological communities.
The regulations may make provision with respect to the prioritisation of assessments.
The priorities are to be reviewed by the Scientific Committee at least annually.
The priorities determined by the Scientific Committee are to be published on a government website maintained by the Environment Agency Head.
A nomination by any person for listing species or ecological communities must—
(a) be made in writing to the Scientific Committee, and
(b) include any information required by the Scientific Committee.
The Scientific Committee may request the person making the nomination to provide additional information about the nomination before it deals with the nomination.
The Scientific Committee, with the concurrence of the Environment Agency Head, may provide guidance on the making of nominations, including on the themes for listing classes of animals or plants to fill gaps in current listings.
The Scientific Committee is to give notice of a duly made nomination to the Environment Agency Head within 14 days after the nomination is provided to members of the Scientific Committee.
The Scientific Committee may consider different nominations about the same subject together.
The Scientific Committee may reject a nomination if—
(a) the subject of the nomination has already been dealt with, or
(b) the nomination is vexatious, or
(c) the information required to be included in the nomination, or which is requested by the Scientific Committee, is not included or provided or is not considered to be adequate.
If the Scientific Committee rejects a nomination, it is to notify the Environment Agency Head and the person who made the nomination and is to give reasons for the rejection.
The Scientific Committee is to make a preliminary determination as to whether a proposal to list a species or ecological community should be supported or not supported.
A preliminary determination is not required in the case of a proposed assessment for listing by the Commonwealth or another State or Territory under a common assessment method agreed between the Commonwealth, States and Territories.
As soon as possible after making a preliminary determination, the Scientific Committee must—
(a) in a case involving a nomination, notify the person who made the nomination and the Environment Agency Head, and
(b) in a case of a proposal raised on its own initiative or in response to a request from the Minister, notify the Minister and the Environment Agency Head, and
(c) publish notice of, and invite submissions on, its preliminary determination in accordance with any requirements of the regulations.
The Scientific Committee is to consider written submissions duly received by it in accordance with the published notice.
The Scientific Committee is, when dealing with a proposal for listing a species or ecological community, to give due consideration to the assessment criteria and procedures under a common assessment method agreed between the Commonwealth, States and Territories.
The Scientific Committee may liaise with relevant agencies and officials of the Commonwealth and other States or Territories in connection with the assessment of proposals for listing under any such common assessment method.
The Scientific Committee is not required to re-assess a proposal for listing by the Commonwealth or another State or Territory if it is satisfied that the proposal has been duly assessed under any such common assessment method.
The Scientific Committee must either accept or reject a proposal for listing a species or ecological community and must give reasons for its determination.
The reasons for a determination are to include reference to such of the criteria for listing as may be relevant to the determination.
The final determination of the Scientific Committee may differ from its preliminary determination on the matter.
In a case involving a nomination, the Scientific Committee must make a final determination within 6 months (or, with the approval of the Minister, within a further 2 years) after the closing date for making submissions to the Scientific Committee about its preliminary determination on the matter.
Failure to make a final determination within the period required by this section does not affect the validity of the determination.
A final determination of the Scientific Committee is made on its publication on the NSW legislation website.
On making a final determination, the Scientific Committee must, as soon as practicable—
(a) in a case involving a nomination, notify the person who made the nomination of the final determination, and
(b) notify the Environment Agency Head of the final determination, and
(c) publish notice of, and reasons for, the final determination in accordance with any requirements of the regulations.
The validity of a final determination cannot be questioned in any legal proceedings except those commenced in a court by any person within 6 months after the publication of the final determination on the NSW legislation website.
Schedule 1, 2 or 3 (as the case requires) is amended to give effect to a final determination of the Scientific Committee on the date on which the final determination is published on the NSW legislation website or on such later date provided in the final determination for its commencement.
The Scientific Committee must, in accordance with the regulations, keep the lists of species and ecological communities under review and must, at least every 5 years, determine whether any changes to the lists are necessary.
The Scientific Committee may make and publish a final determination under this Division to amend the list of species or ecological communities without following the procedure set out in this Division if, in the opinion of the Scientific Committee, the amendment is necessary or desirable for any of the following purposes—
(a) to reflect any change in the name of a listed species or a reclassification of a listed species into further species as a result of taxonomic revision,
(b) to correct any minor error or omission,
(c) to clarify a description of an ecological community (including to reflect new surveys or research information).
Any such determination is not to alter the listing status of a particular species or ecological community or the particular area of an ecological community.
In this section, a reference to the amendment of a list of species or ecological communities includes a reference to the amendment of a determination referred to in the listing.
The Minister may, at the request of the Scientific Committee, authorise the Scientific Committee to restrict access to—
(a) information provided to the Scientific Committee related to the location of a species or ecological community, or
(b) information provided to the Scientific Committee that may identify any individual who made a nomination or submission under this Part in relation to the listing or provisional listing of a species or ecological community.
The Minister may authorise the restriction of access to information referred to in subsection (1)(a) if satisfied that it is in the public interest to do so.
The Minister may authorise the restriction of access to information referred to in subsection (1)(b) if satisfied that it is necessary to do so to protect the individual concerned from intimidation, harassment, physical threats or other unwarranted reprisals in connection with the making of the nomination or submission.
This Division sets out the procedure for provisionally listing an endangered or critically endangered species on an emergency basis.
The Scientific Committee is responsible for determining whether any species should be provisionally listed under this Division.
A species is eligible to be provisionally listed under this Division if, in the opinion of the Scientific Committee—
(a) the species—
(i) although not previously known to have existed in New South Wales, is believed on current knowledge to be native to New South Wales, or
(ii) is subject to an immediate and significant threat of extinction, or
(iii) was presumed to be extinct or extinct in the wild but has been rediscovered, and
(b) the species is not listed in Schedule 1 as an endangered or critically endangered species.
The Scientific Committee may determine to provisionally list a species under this Division on its own initiative.
The Scientific Committee may also determine to provisionally list a species under this Division—
(a) following a request by the Minister, or
(b) on a nomination under this Division of any other person, or
(c) following an assessment for listing by the Commonwealth or another State or Territory under a common assessment method agreed between the Commonwealth, States and Territories.
A nomination by any person for the provisional listing of an endangered or critically endangered species must—
(a) be made in writing to the Scientific Committee, and
(b) include any information required by the Scientific Committee.
The Scientific Committee may request the person making the nomination to provide additional information about the nomination before it deals with the nomination.
The provisions of Division 3 relating to the consideration by the Scientific Committee of a nomination for listing apply also to a nomination for the provisional listing of a species under this Division.
A determination for provisional listing is made by the Scientific Committee on its publication on the NSW legislation website.
On making a determination for provisional listing, the Scientific Committee must, as soon as practicable—
(a) in a case involving a nomination, notify the person who made the nomination of the determination, and
(b) notify the Environment Agency Head of the determination, and
(c) publish notice of, and reasons for, the determination in accordance with any requirements of the regulations.
Schedule 1, 2 or 3 (as the case requires) is amended to give effect to a determination for provisional listing on the date on which the determination is published on the NSW legislation website. The amendment ceases to have effect when the provisional listing ceases to have effect under this Division.
As soon as practicable after the publication of a determination under this Division, the Scientific Committee must review the status of a provisionally listed species to determine whether or not the species should be listed in Schedule 1 as a threatened species.
The requirements of Division 3 relating to the making of preliminary and final determinations for listing apply to the review of a provisional listing.
The provisional listing of a species under this Division ceases to have effect—
(a) when the Scientific Committee makes a final determination in accordance with Division 3 on whether the species should or should not be listed, or
(b) at the end of 2 years after the provisional listing,
whichever first occurs.
Schedule 4 contains a list of key threatening processes for the purposes of this Act.
A threatening process is eligible to be listed as a
(a) it adversely affects threatened species or ecological communities, or
(b) it could cause species or ecological communities that are not threatened to become threatened.
The regulations may prescribe criteria for the determination of matters under this section.
The procedure in Division 3 with respect to the listing of species applies to the listing of threatening processes.
If, in the opinion of the Chairperson of the Scientific Committee, a nomination of a key threatening process relates to a threatening process that is likely to have an impact on both terrestrial and aquatic environments—
(a) the Chairperson may consult the Chairperson of the Fisheries Scientific Committee for the purpose of determining whether the nomination should also be considered by the Fisheries Scientific Committee under Part 7A of the Fisheries Management Act 1994, and
(b) if the Chairpersons agree that the nomination should also be so considered, the nomination is to be referred to the Fisheries Scientific Committee for consideration.
In that case—
(a) the nomination is then taken also to be a nomination for amendment of Schedule 6 to that Act, made to the Fisheries Scientific Committee in accordance with Part 7A of the Fisheries Management Act 1994, and
(b) Part 7A of that Act applies in relation to the nomination (in addition to this Division).
For the purposes of this section, a
(a) the nomination of any matter to be inserted in or omitted from Schedule 4, or
(b) the nomination of any matter in Schedule 4 for amendment.
There is a reciprocal process in Part 7A of the Fisheries Management Act 1994 for the referral of nominations made under that Part to the Scientific Committee in appropriate cases.
The Environment Agency Head is to establish a Biodiversity Conservation Program.
The Program’s objectives are—
(a) to maximise the long-term security of threatened species and threatened ecological communities in nature, and
(b) to minimise the impacts of key threatening processes on biodiversity and ecological integrity.
The Biodiversity Conservation Program is to consist of the following—
(a) strategies to achieve the objectives of the Program in relation to each threatened species and threatened ecological community,
(b) a framework to guide the setting of priorities for implementing the strategies,
(c) a process for monitoring and reporting on the overall outcomes and effectiveness of the Program.
Strategies to minimise the impacts of key threatening processes may but are not required to be included in the Program.
The Environment Agency Head is to ensure that a strategy to achieve the objectives of the Program in relation to a threatened species or threatened ecological community is included in the Program within 2 years after the species or ecological community is listed in this Act.
The Environment Agency Head may amend or replace a strategy or other component of the Program at any time.
Part 9 requires public consultation in relation to a strategy included in the Program and the keeping of a public register of the strategies included in the Program.
The Environment Agency Head is to review the outcomes and effectiveness of the Biodiversity Conservation Program every 5 years after the establishment of the Program.
The Environment Agency Head is to prepare a report of the review and publish the report on a government website maintained by the Environment Agency Head.
There is established by this Act a body corporate with the corporate name of the Threatened Species Scientific Committee (the
The Scientific Committee is a NSW Government agency.
The Scientific Committee is not subject to the control or direction of the Minister.
The functions of the Scientific Committee are as follows—
(a) to determine which species are to be listed under this Act as relevant categories of threatened species and which ecological communities are to be listed under this Act as relevant categories of threatened ecological communities,
(b) to determine which species are to be listed under this Act as extinct species or species extinct in the wild and which ecological communities are to be listed under this Act as collapsed ecological communities,
(c) to determine which processes are to be listed under this Act as key threatening processes,
(d) to advise the Minister on any matter relating to the conservation of threatened species or threatened ecological communities that is referred to the Scientific Committee by the Minister,
(e) to periodically review the lists of threatened species and threatened ecological communities and key threatening processes,
(f) such other functions as are conferred or imposed on the Scientific Committee by or under this or any other Act.
The Scientific Committee may, in the exercise of its functions, make use of consultants or obtain assistance or advice from other persons.
The Scientific Committee is to consist of 11 members appointed by the Minister.
Of the members of the Scientific Committee—
(a) 2 are to be scientists who are employees of the Department and nominated by the Environment Agency Head, and
(b) 1 is to be a scientist who is an employee of, and nominated by, the Royal Botanic Gardens and Domain Trust, and
(c) 1 is to be a scientist who is an employee of, and nominated by, the Australian Museum Trust, and
(d) 1 is to be a scientist who is an employee of, and nominated by, the Commonwealth Scientific and Industrial Research Organisation, and
(e) 2 are to be scientists who are employees of a public authority and who have expertise in forest ecology, agricultural science or natural resource management, and
(f) 4 are to be scientists who are—
(i) employees of a New South Wales tertiary educational institution, or
(ii) nominated by a professional body principally involved in ecological or invertebrate research.
A person who is appointed as a member of the Scientific Committee is to have expertise in one or more of the following areas of study—
(a) vertebrate biology,
(b) invertebrate biology,
(c) plant biology,
(d) terrestrial ecology,
(e) plant community ecology,
(f) limnology,
(g) aquatic biology,
(h) genetics of small populations,
(i) population dynamics (including population viability analysis or evolutionary ecology).
If the person or body responsible for nominating a member of the Scientific Committee under this section (the
(a) may seek a nomination from any other person or body that the Minister considers to be a suitable substitute for the nominating body, and
(b) may appoint any scientist nominated by that other person or body as a member of the Scientific Committee, in place of a scientist nominated by the nominating body.
Schedule 7 contains other provisions relating to the members and procedure of the Scientific Committee.
The Minister is to make a Biodiversity Conservation Investment Strategy (the
Part 9 requires public consultation in relation to the making of the Strategy.
The purpose of the Strategy is to guide investment in biodiversity conservation, and in particular to guide the Government and the Biodiversity Conservation Trust in prioritising investment in biodiversity conservation.
The Minister is to publish the Strategy on an appropriate government website.
As part of the Strategy, the Minister is to map all public and private land areas in the State whose biodiversity is protected by legislation or agreements and make the map publicly available.
The first Strategy may be made before those areas are fully mapped.
The regulations may designate, for the purposes of this section, areas whose biodiversity is protected by legislation or agreements.
The Strategy is to comprise—
(a) principles that guide the identification of priority investment areas for biodiversity conservation, and
(b) principles that guide investment in those priority investment areas, and
(c) a map of identified priority investment areas.
The Minister may include the map of identified priority investment areas with the map of existing public and private land areas whose biodiversity is protected.
The first Strategy may be made before priority investment areas are fully mapped.
In preparing the Strategy, the Minister is to consider the following—
(a) the purpose of this Act,
(b) the role of the Strategy in complementing—
(i) established principles for establishing land conservation areas, including comprehensiveness, adequacy and representativeness, and
(ii) other government mechanisms for biodiversity conservation, including environmental planning instruments,
(c) the importance of having good samples of the least protected ecosystems,
(d) any other matter prescribed by the regulations.
Priority investment areas may include (without limitation)—
(a) core areas—being large remnant native vegetation areas whose management will contribute the greatest benefit to the conservation of biodiversity within a bioregion, and
(b) State and regional biodiversity corridors—being linear areas that link core areas and play a crucial role in maintaining connections between animal and plant populations that would otherwise be isolated and at greater risk of local extinction, and
(c) areas containing the least protected ecosystems of public or private land, and
(d) areas required to increase the comprehensiveness, adequacy and representativeness of biodiversity in protected areas of public or private land.
The Minister is to review the Strategy every 5 years and may amend the Strategy at any time.
The Minister may enter into an agreement relating to land with all the owners of the land for the purpose of establishing a biodiversity stewardship site (a
A biodiversity stewardship agreement may designate any eligible land to which the agreement relates to be a biodiversity stewardship site for the purposes of this Act.
Before the Minister enters into a biodiversity stewardship agreement, the Environment Agency Head must consult with—
(a) the Planning Agency Head, or an employee of the Department of Planning, Housing and Infrastructure nominated by the Planning Agency Head, and
(b) the Secretary of the Department of Primary Industries and Regional Development, or an employee of the Department of Primary Industries and Regional Development nominated by the Secretary of the Department of Primary Industries and Regional Development.
A biodiversity stewardship agreement may contain any of the following terms, binding on the owners from time to time of the land—
(a) requiring or authorising the owners to carry out specified management actions on the land,
(b) creating (or providing for the creation of) the number and class of biodiversity credits in respect of any of those management actions in accordance with the biodiversity assessment method,
(c) providing for the timing of the creation of biodiversity credits and their release for sale,
(d) providing for the transfer or retirement of the biodiversity credits created,
(e) requiring the owners to carry out any management action in perpetuity, unless otherwise specified (even if a biodiversity credit has already been created in respect of the action or has been transferred or retired),
(f) requiring the owners to make additional payments to the Biodiversity Stewardship Payments Fund,
(g) restricting development on the biodiversity stewardship site,
(h) requiring the owners to permit persons to access the biodiversity stewardship site and to allow them to take any specified action on the land,
(i) providing for monitoring, reporting and audit requirements,
(j) providing for the entitlement of the owners to payments from the Biodiversity Stewardship Payments Fund,
(k) specifying the manner in which any money provided to the owners under the agreement is to be applied by the owners,
(l) requiring the owners to repay money paid to the owners under the agreement if a specified breach of the agreement occurs,
(m) specifying the remedial measures that must be taken in the event that any contingency that has a negative impact on the biodiversity values protected by the agreement or that prevents or disrupts the continuation of a management action in respect of which biodiversity credits are in force or have been retired,
(n) providing for any other matter relating to the biodiversity stewardship site.
A biodiversity stewardship agreement may contain any of the following terms, binding on the Minister—
(a) requiring the Minister to direct that payments be made from the Biodiversity Stewardship Payments Fund to the owner of the land,
(b) requiring the Minister to provide technical advice or other assistance,
(c) requiring the Minister to carry out specified activities or do specified things,
(d) providing for any other matter relating to the biodiversity stewardship site.
If the biodiversity assessment method is amended or replaced after a biodiversity stewardship agreement is entered into, the biodiversity stewardship agreement prevails to the extent of any inconsistency between the agreement and the provisions of the biodiversity assessment method as amended or replaced.
Land may be designated as a single biodiversity stewardship site even if the land consists of separate parcels of land and whether or not the parcels are adjacent (but only if the land is owned by the same person or persons).
Land that comprises only part of one or more parcels of land may be designated as a biodiversity stewardship site.
The regulations may set out criteria for land to be eligible to be designated as a biodiversity stewardship site by a biodiversity stewardship agreement.
The fact that land designated as a biodiversity stewardship site becomes, after the agreement is entered into, land excluded from being designated as a biodiversity stewardship site does not affect the validity of the agreement (or any subsequent variation of the agreement).
A request to the Minister to enter into a biodiversity stewardship agreement is to be made by application of an owner of the site proposed to be designated as a biodiversity stewardship site.
The application—
(a) is to be in the form approved by the Minister and containing the information required by that form, and
(b) is to be accompanied by a processing fee prescribed by the regulations.
The Minister may require the applicant to provide such additional information as the Minister may require to determine the application.
See section 14.6 with respect to recovery, waiver or refund of fees.
The application is to be accompanied by a biodiversity stewardship site assessment report prepared by an accredited person—
(a) that assesses the biodiversity values of the proposed site in accordance with the biodiversity assessment method, and
(b) that sets out the management actions proposed to be carried out on the proposed site, and
(c) that specifies in accordance with the biodiversity assessment method the number and class of biodiversity credits that may be created in respect of those management actions.
The Minister may require any owner of the proposed site to provide land management plans relating to the site.
The Minister may decline a request from an owner of a site to enter into a biodiversity stewardship agreement if the Minister considers that any owner of the site is not a fit and proper person to enter into, and fulfil the obligations imposed by, the agreement. The regulations may make provision with respect to whether an owner is such a fit and proper person.
The regulations may prescribe other grounds on which the Minister may decline a request to enter into a biodiversity stewardship agreement.
The Minister must not enter into a biodiversity stewardship agreement relating to land unless—
(a) all the owners of the land are parties to the agreement, and
(b) where the land (not being Crown land) is subject to a residential tenancy agreement or other lease, the tenant or the lessee has consented in writing to the biodiversity stewardship agreement, and
(c) where the land is subject to a mortgage or charge, the mortgagee or chargee has consented in writing to the agreement, and
(d) where the land is subject to a covenant, the Minister has consulted with the person entitled to the benefit of the covenant about the terms of the agreement, and
(e) where the land is the subject of a mining lease or mineral claim under the Mining Act 1992 or a production lease under the Petroleum (Onshore) Act 1991, the holder of the lease or claim has consented in writing to the agreement, and
(d) sent by any means provided for the service of documents by any Act or law.
(Section 10.3)
In this Schedule—
The persons appointed as members of the Board are to be persons who, in the opinion of the Minister, have skills and experience in one or more of the following areas—
(a) increasing public knowledge, understanding and appreciation of the importance of biodiversity by private landholders and other community members,
(b) protection and conservation of biodiversity,
(c) management of natural resources, including agricultural land,
(d) agricultural land production systems,
(e) land use planning and operation of local councils,
(f) marketing, fundraising, communications and stakeholder engagement,
(g) economics and financial management (including investment fund management),
(h) information technology,
(i) law, governance and administration,
(j) decision-making and leadership.
A government sector employee is eligible to be appointed as a member of the Board.
The Minister may publicly advertise for nominations for appointment of persons as members of the Board.
The Minister is to consult the Planning Minister and the Minister administering the Local Land Services Act 2013 in relation to the appointment of members of the Board.
Subject to this Schedule and the regulations, a member holds office for such period (not exceeding 5 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member (being at a rate that does not exceed any rate prescribed by the regulations).
The office of a member becomes vacant if the member—
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the Minister, or
(d) is removed from office by the Minister under this clause, or
(e) is absent from 4 consecutive meetings of the Board of which reasonable notice has been given to the member personally or by post, except on leave granted by the Minister or unless the member is excused by the Minister for having been absent from those meetings, or
(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.
The Minister may remove a member from office at any time.
If the office of any member becomes vacant, a person is, subject to this Act and the regulations, to be appointed to fill the vacancy.
The Minister is to appoint a non-government member as the Chairperson and is to appoint another non-government member as Deputy Chairperson.
The Chairperson or Deputy Chairperson vacates office as Chairperson or Deputy Chairperson if the person—
(a) ceases to be a member of the Board, or
(b) resigns from that office by instrument in writing addressed to the Minister, or
(c) is removed from office by the Minister.
If the office of Chairperson or Deputy Chairperson becomes vacant, a non-government member is to be appointed to fill the vacancy.
If—
(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Board, and
(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,
the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Board.
A disclosure by a member at a meeting of the Board that the member—
(a) is a member, or is in the employment, of a specified company or other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person that may arise after the date of the disclosure and that is required to be disclosed under subclause (1).
Particulars of any disclosure made under this clause must be recorded by the Board in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the Board.
After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Board otherwise determines—
(a) be present during any deliberation of the Board with respect to the matter, or
(b) take part in any decision of the Board with respect to the matter.
For the purposes of the making of a determination by the Board under subclause (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not—
(a) be present during any deliberation of the Board for the purpose of making the determination, or
(b) take part in the making by the Board of the determination.
A contravention of this clause does not invalidate any decision of the Board.
This clause applies to a member of a committee of the Board and the committee in the same way as it applies to a member of the Board and the Board.
The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a member.
If by or under any Act provision is made—
(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or
(b) prohibiting the person from engaging in employment outside the duties of that office,
the provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.
The procedure for the calling of meetings of the Board and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Board.
The quorum for a meeting of the Board is a majority of its members for the time being.
The Chairperson (or, in the absence of the Chairperson, the Deputy Chairperson, or in the absence of both the Chairperson and the Deputy Chairperson, a person elected by the members of the Board who are present at a meeting of the Board) is to preside at a meeting of the Board.
The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of the Board at which a quorum is present is the decision of the Board.
The Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Board for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Board made at a meeting of the Board.
The Board may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone or other electronic means, but only if any member who speaks on a matter before the meeting can be heard by the other members.
For the purposes of—
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each other member have the same voting rights as they have at an ordinary meeting of the Board.
A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Board.
Papers may be circulated among the members for the purposes of subclause (1) by electronic means.
The seal of the Trust is to be kept by a member of the Board, or a member of staff of the Trust, authorised by the Board to keep it.
The seal of the Trust is to be affixed to a document only—
(a) in the presence of that member of the Board or of the staff of the Trust who is authorised to do so by the Board generally or in a particular case or class of cases, and
(b) with an attestation by the signature of that member of the Board or member of staff of the fact of the affixing of the seal.
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act, the Local Land Services Amendment Act 2016 or any Act that amends this Act (or Part 5A of, or Schedule 5A to, the Local Land Services Act 2013).
Any such provision has effect despite anything to the contrary in this Schedule. The regulations may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Schedule—
(a) Native Vegetation Act 2003,
(b) Threatened Species Conservation Act 1995,
(c) Nature Conservation Trust Act 2001,
(d) that part of the National Parks and Wildlife Act 1974 that is repealed by this Act.
A reference in any Act or statutory or other instrument, or in any contract or agreement, (other than in this Act or an instrument made under this Act)—
(a) to a former Act is to be read as including a reference to this Act, or
(b) to a provision of a former Act is to be read as including a reference to a corresponding provision of this Act.
This clause has effect subject to this Schedule (and to the regulations under this Schedule) and to any contrary intention in the provision in which the relevant reference occurs.
If anything done under a former Act before the repeal of the former Act and still having effect immediately before that repeal could have been done under this Act if this Act had been in force when the thing was done, the thing done continues to have effect as if it had been done under this Act.
This clause has effect subject to this Schedule (and to the regulations under this Schedule) and to any contrary intention.
See Biodiversity Conservation (Savings and Transitional) Regulation 2017 for detailed savings and transitional provisions consequent on the enactment of this Act and the Local Land Services Amendment Act 2016.
The Minister must make the strategy for the transitioning of the biodiversity offsets scheme to net positive under section 6.2A as soon as practicable after the commencement of that section.
This clause applies to the application of an amount by the Biodiversity Conservation Trust under section 6.31 before the commencement of this section.
The application is not invalid merely because the amount applied was not equal to the amount paid into the Biodiversity Conservation Fund to satisfy an obligation to retire biodiversity credits under section 6.30 to which the application related.
A decision made under section 12.21 by a court officer about bail that is in force immediately before the commencement continues in force as if the amendment Act had not commenced.
In this clause—
(Repealed)
(Repealed)
See also the Local Land Services Amendment Act 2016.
Biodiversity Conservation Act 2016 No 63. Assented to 23.11.2016. Date of commencement, 25.8.2017, sec 1.2 and 2017 (459) LW 25.8.2017. This Act has been amended by secs 7.2(4) and 12.19(9) of this Act and as follows—
No 17 | Crown Land Legislation Amendment Act 2017. Assented to 17.5.2017. Date of commencement of Sch 4.6, 1.7.2018, sec 2 (1) and 2018 (225) LW 1.6.2018. | |
No 38 | Environmental Planning and Assessment Amendment (Staged Development Applications) Act 2017. Assented to 14.8.2017. Date of commencement, assent, sec 2. | |
(433) | Biodiversity Conservation (Savings and Transitional) Regulation 2017. LW 25.8.2017. Date of commencement, 25.8.2017, cl 2. | |
No 63 | Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017. Date of commencement of Sch 1.2, assent, Sch 1.2. Sch 1.2 [8] was without effect. | |
(668) | Final Determination. LW 1.12.2017. Date of commencement, on publication on LW. | |
(669) | Final Determination. LW 1.12.2017. Date of commencement, on publication on LW. | |
(670) | Final Determination. LW 1.12.2017. Date of commencement, on publication on LW. | |
(167) | Final Determination. LW 27.4.2018. Date of commencement, on publication on LW. | |
(168) | Final Determination. LW 27.4.2018. Date of commencement, on publication on LW. | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 3, 14 days after assent, sec 2 (1). | |
No 40 | Forestry Legislation Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 3.1, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018. | |
No 66 | Planning Legislation Amendment (Greater Sydney Commission) Act 2018. Assented to 31.10.2018. Date of commencement, 10.12.2018, sec 2 and 2018 (715) LW 7.12.2018. | |
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 3, 1.12.2018, sec 2 (1) and 2018 (673) LW 30.11.2018; date of commencement of Sch 4.10, 1.7.2023, sec 2(1) and 2023 (91) LW 2.3.2023. | |
(625) | Determination. LW 9.11.2018. Date of commencement, on publication on LW. | |
(679) | Final Determination. LW 30.11.2018. Date of commencement, on publication on LW. | |
(680) | Final Determination. LW 30.11.2018. Date of commencement, on publication on LW. | |
(681) | Final Determination. LW 30.11.2018. Date of commencement, on publication on LW. | |
(682) | Final Determination. LW 30.11.2018. Date of commencement, on publication on LW. | |
(683) | Final Determination. LW 30.11.2018. Date of commencement, on publication on LW. | |
(45) | Final Determination. LW 1.2.2019. Date of commencement, on publication on LW. | |
(46) | Final Determination. LW 1.2.2019. Date of commencement, on publication on LW. | |
(47) | Final Determination. LW 1.2.2019. Date of commencement, on publication on LW. | |
(215) | Final Determination. LW 31.5.2019. Date of commencement, on publication on LW. | |
(216) | Final Determination. LW 31.5.2019. Date of commencement, on publication on LW. | |
(217) | Final Determination. LW 31.5.2019. Date of commencement, on publication on LW. | |
(218) | Final Determination. LW 31.5.2019. Date of commencement, on publication on LW. | |
(219) | Final Determination. LW 31.5.2019. Date of commencement, on publication on LW. | |
(220) | Final Determination. LW 31.5.2019. Date of commencement, on publication on LW. | |
(221) | Final Determination. LW 31.5.2019. Date of commencement, on publication on LW. | |
No 1 | Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019. Date of commencement of Sch 2.2, 14 days after assent, sec 2 (1). | |
(283) | Final Determination. LW 28.6.2019. Date of commencement, on publication on LW. | |
(543) | Final Determination. LW 15.11.2019. Date of commencement, on publication on LW. | |
No 5 | COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020. Assented to 14.5.2020. Date of commencement of Sch 1.3, assent, sec 2(1). | |
(199) | Final Determination. LW 15.5.2020. Date of commencement, on publication on LW. | |
(200) | Final Determination. LW 15.5.2020. Date of commencement, on publication on LW. | |
(201) | Final Determination. LW 15.5.2020. Date of commencement, on publication on LW. | |
(202) | Final Determination. LW 15.5.2020. Date of commencement, on publication on LW. | |
(203) | Final Determination. LW 15.5.2020. Date of commencement, on publication on LW. | |
(204) | Final Determination. LW 15.5.2020. Date of commencement, on publication on LW. | |
(407) | Final Determination. LW 17.7.2020. Date of commencement, on publication on LW. | |
(408) | Final Determination. LW 17.7.2020. Date of commencement, on publication on LW. | |
(409) | Final Determination. LW 17.7.2020. Date of commencement, on publication on LW. | |
(410) | Final Determination. LW 17.7.2020. Date of commencement, on publication on LW. | |
No 37 | Bushfires Legislation Amendment Act 2020. Assented to 25.11.2020. Date of commencement of Sch 2, assent, sec 2(1). | |
(37) | Determination. LW 12.2.2021. Date of commencement, on publication on LW. | |
(38) | Final Determination. LW 12.2.2021. Date of commencement, on publication on LW. | |
(39) | Final Determination. LW 12.2.2021. Date of commencement, on publication on LW. | |
(59) | Final Determination. LW 19.2.2021. Date of commencement, on publication on LW, cl 2. | |
(60) | Final Determination. LW 19.2.2021. Date of commencement, on publication on LW, cl 2. | |
No 5 | COVID-19 Recovery Act 2021. Assented to 25.3.2021. Date of commencement of Sch 1.5, assent, sec 2(1). | |
(231) | Final Determination. LW 21.5.2021. Date of commencement, on publication on LW. | |
(232) | Final Determination. LW 21.5.2021. Date of commencement, on publication on LW. | |
(553) | Final Determination. LW 24.9.2021. Date of commencement, on publication on LW. | |
(554) | Final Determination. LW 24.9.2021. Date of commencement, on publication on LW. | |
(605) | Determination. LW 15.10.2021. Date of commencement, on publication on LW. | |
(674) | Final Determination. LW 19.11.2021. Date of commencement, on publication on LW. | |
(675) | Final Determination. LW 19.11.2021. Date of commencement, on publication on LW. | |
(676) | Final Determination. LW 19.11.2021. Date of commencement, on publication on LW. | |
(11) | Determination. LW 21.1.2022. Date of commencement, on publication on LW. | |
(12) | Final Determination. LW 21.1.2022. Date of commencement, on publication on LW. | |
(35) | Final Determination. LW 11.2.2022. Date of commencement, on publication on LW. | |
(36) | Final Determination. LW 11.2.2022. Date of commencement, on publication on LW. | |
No 5 | COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022. Assented to 24.3.2022. |
Date of commencement of Sch 1.2, assent, sec 2(1). | ||
(223) | Final Determination. LW 20.5.2022. Date of commencement, on publication on LW. | |
(245) | Final Determination. LW 27.5.2022. Date of commencement, on publication on LW. | |
(277) | Determination. LW 10.6.2022. Date of commencement, on publication on LW. | |
(334) | Final Determination. LW 1.7.2022. Date of commencement, on publication on LW. | |
(413) | Final Determination. LW 29.7.2022. Date of commencement, on publication on LW. | |
(434) | Final Determination. LW 5.8.2022. Date of commencement, on publication on LW. | |
(490) | Final Determination. LW 26.8.2022. Date of commencement, on publication on LW. | |
(491) | Final Determination. LW 26.8.2022. Date of commencement, on publication on LW. | |
(637) | Final Determination. LW 28.10.2022. Date of commencement, on publication on LW. | |
(638) | Final Determination. LW 28.10.2022. Date of commencement, on publication on LW. | |
(703) | Final Determination. LW 25.11.2022. Date of commencement, on publication on LW. | |
(704) | Final Determination. LW 25.11.2022. Date of commencement, on publication on LW. | |
(705) | Final Determination. LW 25.11.2022. Date of commencement, on publication on LW. | |
(706) | Final Determination. LW 25.11.2022. Date of commencement, on publication on LW. | |
(707) | Final Determination. LW 25.11.2022. Date of commencement, on publication on LW. | |
(793) | Final Determination. LW 16.12.2022. Date of commencement, on publication on LW. | |
(794) | Final Determination. LW 16.12.2022. Date of commencement, on publication on LW. | |
(22) | Final Determination. LW 27.1.2023. Date of commencement, on publication on LW. | |
(213) | Final Determination. LW 28.4.2023. Date of commencement, on publication on LW. | |
(214) | Final Determination. LW 28.4.2023. Date of commencement, on publication on LW. | |
(215) | Final Determination. LW 28.4.2023. Date of commencement, on publication on LW. | |
(216) | Final Determination. LW 28.4.2023. Date of commencement, on publication on LW. | |
(351) | Final Determination. LW 30.6.2023. Date of commencement, on publication on LW. | |
(352) | Final Determination. LW 30.6.2023. Date of commencement, on publication on LW. | |
(353) | Final Determination. LW 30.6.2023. Date of commencement, on publication on LW. | |
(354) | Final Determination. LW 30.6.2023. Date of commencement, on publication on LW. | |
(355) | Final Determination. LW 30.6.2023. Date of commencement, on publication on LW. | |
(425) | Final Determination. LW 4.8.2023. Date of commencement, on publication on LW. | |
(426) | Final Determination. LW 4.8.2023. Date of commencement, on publication on LW. | |
(427) | Final Determination. LW 4.8.2023. Date of commencement, on publication on LW. | |
(428) | Final Determination. LW 4.8.2023. Date of commencement, on publication on LW. | |
(429) | Final Determination. LW 4.8.2023. Date of commencement, on publication on LW. | |
(467) | Final Determination. LW 25.8.2023. Date of commencement, on publication on LW. | |
(468) | Final Determination. LW 25.8.2023. Date of commencement, on publication on LW. | |
(469) | Final Determination. LW 25.8.2023. Date of commencement, on publication on LW. | |
(470) | Final Determination. LW 25.8.2023. Date of commencement, on publication on LW. | |
(634) | Final Determination. LW 1.12.2023. Date of commencement, on publication on LW. | |
(635) | Final Determination. LW 1.12.2023. Date of commencement, on publication on LW. | |
(636) | Final Determination. LW 1.12.2023. Date of commencement, on publication on LW. | |
(637) | Final Determination. LW 1.12.2023. Date of commencement, on publication on LW. | |
(638) | Final Determination. LW 1.12.2023. Date of commencement, on publication on LW. | |
(639) | Final Determination. LW 1.12.2023. Date of commencement, on publication on LW. | |
(640) | Final Determination. LW 1.12.2023. Date of commencement, on publication on LW. | |
(641) | Final Determination. LW 1.12.2023. Date of commencement, on publication on LW. | |
(650) | Final Determination. LW 8.12.2023. Date of commencement, on publication on LW. | |
(671) | Final Determination. LW 15.12.2023. Date of commencement, on publication on LW. | |
(672) | Final Determination. LW 15.12.2023. Date of commencement, on publication on LW. | |
(673) | Final Determination. LW 15.12.2023. Date of commencement, on publication on LW. | |
(674) | Final Determination. LW 15.12.2023. Date of commencement, on publication on LW. | |
(675) | Final Determination. LW 15.12.2023. Date of commencement, on publication on LW. | |
(676) | Final Determination. LW 15.12.2023. Date of commencement, on publication on LW. | |
(95) | Determination. LW 5.4.2024. Date of commencement, on publication on LW. | |
(98) | Final Determination. LW 5.4.2024. Date of commencement, on publication on LW. | |
(99) | Final Determination. LW 5.4.2024. Date of commencement, on publication on LW. | |
(100) | Final Determination. LW 5.4.2024. Date of commencement, on publication on LW. | |
(101) | Final Determination. LW 5.4.2024. Date of commencement, on publication on LW. | |
(102) | Final Determination. LW 5.4.2024. Date of commencement, on publication on LW. | |
(103) | Final Determination. LW 5.4.2024. Date of commencement, on publication on LW. | |
(104) | Final Determination. LW 5.4.2024. Date of commencement, on publication on LW. | |
(105) | Final Determination. LW 5.4.2024. Date of commencement, on publication on LW. | |
(106) | Final Determination. LW 5.4.2024. Date of commencement, on publication on LW. | |
(107) | Final Determination. LW 5.4.2024. Date of commencement, on publication on LW. | |
(108) | Final Determination. LW 5.4.2024. Date of commencement, on publication on LW. | |
(109) | Final Determination. LW 5.4.2024. Date of commencement, on publication on LW. | |
(110) | Final Determination. LW 5.4.2024. Date of commencement, on publication on LW. | |
(161) | Final Determination. LW 24.5.2024. Date of commencement, on publication on LW. | |
(162) | Final Determination. LW 24.5.2024. Date of commencement, on publication on LW. | |
(163) | Final Determination. LW 24.5.2024. Date of commencement, on publication on LW. | |
(164) | Final Determination. LW 24.5.2024. Date of commencement, on publication on LW. | |
(165) | Final Determination. LW 24.5.2024. Date of commencement, on publication on LW. | |
(166) | Final Determination. LW 24.5.2024. Date of commencement, on publication on LW. | |
(247) | Final Determination. LW 28.6.2024. Date of commencement, on publication on LW. | |
(248) | Final Determination. LW 28.6.2024. Date of commencement, on publication on LW. | |
(249) | Final Determination. LW 28.6.2024. Date of commencement, on publication on LW. | |
No 47 | Statute Law (Miscellaneous Provisions) Act 2024. Assented to 9.8.2024. Date of commencement, assent, sec 2. | |
(342) | Final Determination. LW 9.8.2024. Date of commencement, on publication on LW. | |
(343) | Final Determination. LW 9.8.2024. Date of commencement, on publication on LW. | |
(344) | Final Determination. LW 9.8.2024. Date of commencement, on publication on LW. | |
(345) | Final Determination. LW 9.8.2024. Date of commencement, on publication on LW. | |
(346) | Final Determination. LW 9.8.2024. Date of commencement, on publication on LW. | |
(347) | Final Determination. LW 9.8.2024. Date of commencement, on publication on LW. | |
(348) | Final Determination. LW 9.8.2024. Date of commencement, on publication on LW. | |
(349) | Final Determination. LW 9.8.2024. Date of commencement, on publication on LW. | |
(350) | Final Determination. LW 9.8.2024. Date of commencement, on publication on LW. | |
(351) | Final Determination. LW 9.8.2024. Date of commencement, on publication on LW. | |
(352) | Final Determination. LW 9.8.2024. Date of commencement, on publication on LW. | |
(353) | Final Determination. LW 9.8.2024. Date of commencement, on publication on LW. | |
(354) | Final Determination. LW 9.8.2024. Date of commencement, on publication on LW. | |
(355) | Final Determination. LW 9.8.2024. Date of commencement, on publication on LW. | |
(356) | Final Determination. LW 9.8.2024. Date of commencement, on publication on LW. | |
(357) | Final Determination. LW 9.8.2024. Date of commencement, on publication on LW. | |
(358) | Final Determination. LW 9.8.2024. Date of commencement, on publication on LW. | |
(359) | Final Determination. LW 9.8.2024. Date of commencement, on publication on LW. | |
(360) | Final Determination. LW 9.8.2024. Date of commencement, on publication on LW. | |
(361) | Final Determination. LW 9.8.2024. Date of commencement, on publication on LW. | |
(473) | Final Determination. LW 13.9.2024. Date of commencement, on publication on LW. | |
(474) | Final Determination. LW 13.9.2024. Date of commencement, on publication on LW. | |
(475) | Final Determination. LW 13.9.2024. Date of commencement, on publication on LW. | |
(476) | Final Determination. LW 13.9.2024. Date of commencement, on publication on LW. | |
(523) | Final Determination. LW 11.10.2024. Date of commencement, on publication on LW. | |
(544) | Final Determination. LW 1.11.2024. Date of commencement, on publication on LW. | |
(602) | Final Determination. LW 29.11.2024. Date of commencement, on publication on LW. | |
No 96 | Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Act 2024. Assented to 2.12.2024. Date of commencement of Sch 1[1]–[20] [23] [24] and [26]–[67], 7.3.2025, sec 2 and 2025 (88) LW 7.3.2025; date of commencement of Sch 1[21] [22] and [25]: not in force. | |
(632) | Final Determination. LW 13.12.2024. Date of commencement, on publication on LW. | |
(5) | Final Determination. LW 17.1.2025. Date of commencement, on publication on LW. | |
(56) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(57) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(58) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(59) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(60) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(61) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(62) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(63) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(64) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(65) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(66) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(67) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(68) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(69) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(70) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(71) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(72) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(73) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(74) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(75) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(76) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(77) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(78) | Final Determination. LW 28.2.2025. Date of commencement, on publication on LW. | |
(162) | Final Determination. LW 11.4.2025. Date of commencement, on publication on LW. | |
(211) | Final Determination. LW 16.5.2025. Date of commencement, on publication on LW. | |
(299) | Determination. LW 27.6.2025. Date of commencement, on publication on LW. | |
(369) | Final Determination. LW 25.7.2025. Date of commencement, on publication on LW. | |
No 48 | Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025. Date of commencement of Schs 1.2 and 2.1, assent, sec 2(e). | |
(456) | Determination. LW 29.8.2025. Date of commencement, on publication on LW. | |
(517) | Determination. LW 26.9.2025. Date of commencement, on publication on LW. | |
(518) | Final Determination. LW 26.9.2025. Date of commencement, on publication on LW. | |
No 61 | Local Court and Bail Legislation Amendment Act 2025. Assented to 28.10.2025. Date of commencement of Sch 2: not in force; date of commencement of Sch 3, assent, sec 2(a). | |
(588) | Final Determination. LW 31.10.2025. Date of commencement, on publication on LW. |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
No reference is made to asterisks added to entries in Schedules 1–3, on the advice of the Scientific Committee, consequential on the listing of species or communities under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.
Sec 1.3 | Am 2024 No 96, Sch 1[1]. |
Sec 1.6 | Am 2017 No 17, Sch 4.6 [1]–[3]; 2018 No 40, Sch 3.1 [1] [2]; 2024 No 96, Sch 1[2] [3]; 2025 No 48, Sch 2.1. |
Sec 2.8 | Am 2017 No 63, Sch 1.2 [1]; 2018 No 40, Sch 3.1 [3] [4]; 2020 No 37, Sch 2.1[1]; 2024 No 47, Sch 1.2[1]. |
Sec 4.30 | Am 2017 No 63, Sch 1.2 [2]. |
Sec 4.41 | Am 2024 No 96, Sch 1[4]. |
Sec 5.5 | Am 2024 No 96, Sch 1[5]. |
Sec 5.9 | Am 2017 No 17, Sch 4.6 [4]; 2024 No 96, Sch 1[6]. |
Sec 5.11 | Am 2024 No 96, Sch 1[7] [8]. |
Sec 5.16 | Am 2024 No 96, Sch 1[9]. |
Sec 5.18 | Am 2024 No 96, Sch 1[10]. |
Sec 5.21 | Am 2017 No 17, Sch 4.6 [4]. |
Sec 5.28 | Am 2017 No 17, Sch 4.6 [4]. |
Sec 6.1 | Am 2024 No 47, Sch 1.2[1]. |
Sec 6.2 | Am 2018 No 25, Sch 3.1; 2024 No 96, Sch 1[11] [12]. |
Sec 6.2A | Ins 2024 No 96, Sch 1[13]. |
Sec 6.3A | Ins 2024 No 96, Sch 1[14]. |
Sec 6.4 | Am 2024 No 96, Sch 1[15]–[17]. |
Sec 6.6 | Am 2024 No 96, Sch 1[18]. |
Sec 6.7 | Am 2024 No 96, Sch 1[19]; 2025 No 48, Sch 1.2[1]. |
Sec 6.8 | Am 2024 No 96, Sch 1[20]. |
Sec 6.13 | Am 2024 No 96, Sch 1[23]. |
Sec 6.15 | Subst 2024 No 96, Sch 1[24]. Am 2025 No 48, Sch 1.2[2]. |
Sec 6.21 | Am 2024 No 96, Sch 1[26] [27]. |
Sec 6.29 | Am 2024 No 96, Sch 1[28]. |
Part 6, Div 5A | Ins 2024 No 96, Sch 1[29]. |
Sec 6.29A | Ins 2024 No 96, Sch 1[29]. |
Sec 6.30 | Am 2024 No 96, Sch 1[30]. |
Sec 6.31 | Subst 2024 No 96, Sch 1[31]. |
Sec 7.1 | Am 2024 No 47, Sch 1.2[2]; 2024 No 96, Sch 1[32] [33]. |
Sec 7.2 | Am 2016 No 63, sec 7.2(4); 2020 No 37, Sch 2.1[2]; 2024 No 96, Sch 1[34] [35]. |
Sec 7.3 | Am 2024 No 96, Sch 1[36]. |
Sec 7.4 | Am 2024 No 96, Sch 1[37]. |
Sec 7.7 | Am 2024 No 96, Sch 1[38]. |
Sec 7.9 | Am 2019 No 1, Sch 2.2. |
Sec 7.11 | Am 2024 No 96, Sch 1[39] [40]. |
Sec 7.12 | Am 2024 No 96, Sch 1[41]. |
Sec 7.13 | Am 2017 No 38, Sch 2.1; 2024 No 96, Sch 1[42]–[44]. |
Sec 7.14 | Am 2024 No 47, Sch 1.2[3]; 2024 No 96, Sch 1[45]–[47]. |
Sec 7.15 | Am 2024 No 96, Sch 1[48]. |
Sec 7.16 | Am 2024 No 96, Sch 1[49]–[51]. |
Sec 7.17 | Am 2024 No 96, Sch 1[52]. |
Sec 7.19 | Am 2024 No 47, Sch 1.2[1]. |
Sec 8.1 | Am 2018 No 66, Sch 3.1; 2024 No 47, Sch 1.2[2]; 2024 No 96, Sch 1[36] [53] [54]. |
Sec 8.3 | Am 2024 No 96, Sch 1[55]. |
Sec 8.4 | Am 2024 No 47, Sch 1.2[3] [4]. |
Sec 8.6 | Am 2024 No 96, Sch 1[36]. |
Sec 8.16 | Am 2017 No 17, Sch 4.6 [4]. |
Sec 8.24 | Am 2024 No 47, Sch 1.2[2]. |
Sec 9.1 | Am 2024 No 96, Sch 1[56]. |
Sec 9.7 | Am 2024 No 96, Sch 1[57]–[59]. |
Sec 9.11 | Subst 2024 No 96, Sch 1[60]. |
Sec 10.6 | Am 2018 No 70, Sch 3.6. |
Sec 10.12 | Subst 2018 No 70, Sch 4.10. |
Secs 11.2, 11.3, 11.7, 11.8 | Am 2018 No 40, Sch 3.1 [5]. |
Sec 11.15 | Am 2018 No 40, Sch 3.1 [6]. |
Sec 11.25 | Am 2024 No 96, Sch 1[61]. |
Sec 11.27 | Am 2024 No 96, Sch 1[62]. |
Sec 11.30 | Am 2024 No 96, Sch 1[4]. |
Sec 12.2 | Am 2018 No 40, Sch 3.1 [7]. |
Sec 12.14 | Am 2018 No 40, Sch 3.1 [8]. |
Sec 12.19 | Am 2016 No 63, sec 12.19(9); 2018 No 40, Sch 3.1 [5]; 2020 No 5, Sch 1.3; 2021 No 5, Sch 1.5; 2022 No 5, Sch 1.2. |
Sec 12.21 | Am 2025 No 61, Sch 3.2[1] [2]. |
Sec 12.27 | Am 2018 No 40, Sch 3.1 [9]. |
Sec 13.3 | Am 2018 No 40, Sch 3.1 [10]. |
Sec 13.4 | Am 2024 No 96, Sch 1[4]. |
Sec 13.6 | Am 2018 No 40, Sch 3.1 [11]. |
Sec 13.9 | Am 2018 No 40, Sch 3.1 [8]. |
Sec 13.10 | Am 2018 No 40, Sch 3.1 [5]. |
Sec 13.11 | Am 2018 No 40, Sch 3.1 [12]. |
Sec 13.13 | Am 2018 No 40, Sch 3.1 [13]. |
Sec 13.14 | Am 2018 No 40, Sch 3.1 [14] [15]. |
Sec 13.14A | Ins 2018 No 40, Sch 3.1 [16]. |
Sec 13.15 | Am 2024 No 96, Sch 1[63]. |
Sec 13.23 | Am 2024 No 96, Sch 1[4]. |
Sec 13.31 | Am 2018 No 40, Sch 3.1 [5]. |
Sec 14.4 | Am 2017 No 63, Sch 1.2 [3]; 2018 No 40, Sch 3.1 [5]; 2024 No 96, Sch 1[4]. |
Sec 14.5 | Am 2024 No 96, Sch 1[4]. |
Sec 14.7A | Ins 2018 No 40, Sch 3.1 [17]. Am 2024 No 96, Sch 1[64]. |
Sch 1 | Am 2017 (433), Sch 1.1 [1]–[56]; 2017 No 63, Sch 1.2 [4]–[7] [9]; 2017 (669); 2017 (670); 2018 (167); 2018 (625); 2018 (679); 2018 (680); 2018 (681); 2018 (682); 2019 (45); 2019 (46); 2019 (47); 2019 (215); 2019 (216); 2019 (217); 2019 (219); 2019 (221); 2019 (543); 2020 (199); 2020 (200); 2020 (201); 2020 (202); 2020 (203); 2020 (204); 2020 (407); 2020 (408); 2020 (409); 2021 (37); 2021 (38); 2021 (39); 2021 (59); 2021 (231); 2021 (232); 2021 (553); 2021 (554); 2021 (605); 2021 (674); 2021 (675); 2021 (676); 2022 (11); 2022 (12); 2022 (35); 2022 (36); 2022 (223); 2022 (245); 2022 (277); 2022 (334); 2022 (413); 2022 (434); 2022 (490); 2022 (491); 2022 (637); 2022 (638); 2022 (703); 2022 (704); 2022 (705); 2022 (707); 2022 (793); 2022 (794); 2023 (22); 2023 (213); 2023 (214); 2023 (215); 2023 (216); 2023 (351); 2023 (352); 2023 (353); 2023 (354); 2023 (355); 2023 (425); 2023 (426); 2023 (427); 2023 (428); 2023(429); 2023 (467); 2023 (468); 2023 (469); 2023 (470); 2023 (634); 2023 (635); 2023 (636); 2023 (637); 2023 (638); 2023 (639); 2023 (640); 2023 (641); 2023 (650); 2023 (671); 2023 (672); 2023 (673); 2023 (674); 2023 (675); 2023 (676); 2024 (95); 2024 (98); 2024 (99); 2024 (100); 2024 (101); 2024 (102); 2024 (103); 2024 (104); 2024 (105); 2024 (106); 2024 (107); 2024 (108); 2024 (109); 2024 (110); 2024 (161); 2024 (162); 2024 (163); 2024 (164); 2024 (165); 2024 (166); 2024 (247); 2024 (248); 2024 (249); 2024 (342); 2024 (343); 2024 (344); 2024 (345); 2024 (346); 2024 (347); 2024 (348); 2024 (349); 2024 (350); 2024 (351); 2024 (352); 2024 (353); 2024 (354); 2024 (355); 2024 (356); 2024 (357); 2024 (358); 2024 (359); 2024 (360); 2024 (361); 2024 (473); 2024 (474); 2024 (475); 2024 (476); 2024 (523); 2024 (544); 2024 (602); 2024 (632); 2025 (5); 2025 (56); 2025 (57); 2025 (58); 2025 (59); 2025 (60); 2025 (61); 2025 (62); 2025 (63); 2025 (64); 2025 (65); 2025 (66); 2025 (67); 2025 (68); 2025 (69); 2025 (70); 2025 (71); 2025 (72); 2025 (73); 2025 (74); 2025 (75); 2025 (76); 2025 (77); 2025 (78); 2025 (162); 2025 (211); 2025 (299); 2025 (369); 2025 (456); 2025 (517); 2025 (518); 2025 (588). |
Sch 2 | Am 2017 (433), Sch 1.2 [1] [2]; 2017 No 63, Sch 1.2 [10] [11]; 2017 (670); 2018 (168); 2019 (218); 2019 (220); 2019 (221); 2019 (283); 2020 (410); 2021 (38); 2021 (60). |
Sch 3 | Am 2017 No 63, Sch 1.2 [12]–[14]; 2017 (668); 2017 (669); 2020 (199); 2021 (38); 2021 (39); 2021 (231); 2022 (706). |
Sch 4 | Am 2018 (683). |
Sch 7 | Am 2024 No 96, Sch 1[4] [65]. |
Sch 8 | Am 2024 No 96, Sch 1[36] [66]. |
Sch 9 | Am 2017 (433), Sch 2 [1]–[4]; 2024 No 96, Sch 1[67]; 2025 No 61, Sch 3.2[3]. |
Schs 10, 11 | Rep 1987 No 15, sec 30C. |
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