Threatened Species Conservation Amendment (Special Provisions) Act 2008 (NSW)

An Act to amend the Threatened Species Conservation Act 1995 with respect to the biodiversity certification of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006; and to amend the Local Government Act 1993 with respect to rates payable on land subject to conservation agreements.

1Name of Act

This Act is the Threatened Species Conservation Amendment (Special Provisions) Act 2008.

2Commencement

This Act commences on the date of assent to this Act.

3Amendment of Threatened Species Conservation Act 1995 No 101

The Threatened Species Conservation Act 1995 is amended as set out in Schedule 1.

4Amendment of Local Government Act 1993 No 30

The Local Government Act 1993 is amended as set out in Schedule 2.

5Repeal of Act(1)

This Act is repealed on the day following the day on which this Act commences.

(2)

The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.

Schedule 1Amendment of Threatened Species Conservation Act 1995 No 101

(Section 3)

[1]Schedule 7 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Threatened Species Conservation Amendment (Special Provisions) Act 2008, to the extent that it amends this Act

[2]Schedule 7, Part 7

Insert after Part 6:

Part 7Biodiversity certification of State Environmental Planning Policy (Sydney Region Growth Centres) 200617Definitions(1)

In this Part:

Growth Centres SEPP means the State Environmental Planning Policy (Sydney Region Growth Centres) 2006, as in force from time to time.

relevant biodiversity measures means (subject to subclause (2)) the provisions set out as conditions of biodiversity certification in relation to the Growth Centres SEPP in the order under this Act published in the Gazette on 14 December 2007 (pages 9651–9662).

subject land means (subject to subclause (3)) the land shown edged heavy black as certified land on the maps marked “South West Growth Centre—Biodiversity Certification” and “North West Growth Centre—Biodiversity Certification” deposited in the head office of the Department.

(2)

The Minister may by order published in the Gazette amend the relevant biodiversity measures for the purposes of this Part following a review under clause 18 (4) of biodiversity certification conferred by this Part.

(3)

The Minister may by order published in the Gazette replace a map referred to in the definition of subject land in subclause (1) with a map referred to in the order that shows certified land that is within a growth centre within the meaning of the Growth Centres SEPP.

18Biodiversity certification of Growth Centres SEPP(1)

Biodiversity certification is conferred, by the enactment of this Part, on the Growth Centres SEPP.

(2)

The biodiversity certification conferred by this Part applies:

• (a)

  only to the subject land, and

• (b)

  to all development and activities that may be carried out under the Growth Centres SEPP, and

• (c)

  to all threatened species, populations and ecological communities.

(3)

The biodiversity certification conferred by this Part is not subject to any conditions.

(4)

The Minister is to undertake periodic reviews of the biodiversity certification conferred by this Part to determine whether it should be maintained or modified.

19Application of Division 5 of Part 7 of the Act(1)

Sections 126I (1) and (2), 126J (2)–(4), 126L and 126M of this Act apply to the biodiversity certification conferred by this Part in the same way as they apply to biodiversity certification conferred under Division 5 of Part 7 of this Act.

(2)

Except as provided by subclause (1), Division 5 of Part 7 of this Act does not apply to the biodiversity certification conferred by this Part.

20Period of biodiversity certification(1)

The biodiversity certification conferred by this Part remains in force (subject to this Part) until 30 June 2025.

(2)

This Part does not prevent further biodiversity certification of the Growth Centres SEPP under Division 5 of Part 7 of this Act after the biodiversity certification conferred by this Part ceases to be in force.

21Suspension or revocation of biodiversity certification(1)

The Minister may, by order published in the Gazette, suspend or revoke the biodiversity certification conferred by this Part if the Minister is of the opinion that any relevant biodiversity measure has not been complied with. This subclause does not limit section 126L of this Act.

(2)

The suspension or revocation of the biodiversity certification conferred by this Part does not affect the validity of any development consent granted under Part 4 of the Environmental Planning and Assessment Act 1979, or any approval of an activity granted in accordance with Part 5 of that Act, before the suspension or revocation.

(3)

If the Minister suspends or revokes the biodiversity certification under this clause, the Minister may, in the order, determine the application of the suspension or revocation to anything pending under the Environmental Planning and Assessment Act 1979 at the time of the suspension or revocation.

22Part has effect from 14 December 2007(1)

The biodiversity certification conferred by this Part is taken to have had effect on and from 14 December 2007.

(2)

Anything done or omitted to be done on or after 14 December 2007, including under the Environmental Planning and Assessment Act 1979, that would have been validly done or omitted had the biodiversity certification conferred by this Part been in force at the time it was done or omitted, is taken to be validly done or omitted.

Schedule 2Amendment of Local Government Act 1993 No 30

(Section 4)

[1]Section 555 What land is exempt from all rates?

Omit section 555 (3). Insert instead:

(3)

If part of a single parcel of land is the subject of a conservation agreement within the meaning of the National Parks and Wildlife Act 1974 (as referred to in subsection (1) (b1)), any rate levied on that whole parcel (for any period on or after 1 July 2008) is to be reduced by the following percentage:

where:

Aca is the area of that part of the parcel that is the subject of the conservation agreement, and

Awhole is the area of the whole parcel.

Note—

For example, if a parcel of land would normally be subject to a rate of $1,000, but 40% of the area of the land is subject to a conservation agreement, that rate is to be reduced by 40% to $600.

[2]Schedule 8 Savings, transitional and other provisions consequent on the enactment of other Acts

Insert at the end of clause 1 (1):

Threatened Species Conservation Amendment (Special Provisions) Act 2008, to the extent that it amends this Act