Part 1 Preliminary
1 Name of Regulation
This Regulation is the Biodiversity Conservation (Savings and Transitional) Regulation 2017.
2 Commencement
This Regulation commences on 25 August 2017 and is required to be published on the NSW legislation website.
3 Definitions
(1) In this Regulation:the new Act means the Biodiversity Conservation Act 2016.former Act means any of the following Acts or parts of Acts:(d) that part of the National Parks and Wildlife Act 1974 that is repealed by this Act.Note—The new Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.(2) Notes included in this Regulation do not form part of this Regulation.
Part 2 Provisions relating to the protection of animals and plants
4 Existing TSC Act and NPW Act licences as biodiversity conservation licences
(1) The following are existing licences for the purposes of this clause:(a) a licence under Part 6 of the Threatened Species Conservation Act 1995 (including a licence the terms of which are set out in an integrated forestry operations approval and that is taken to be a licence granted under that Act to a person carrying out forestry operations covered by the approval, as provided by Part 5B of the Forestry Act 2012),(b) a licence under section 120 (General licence), section 121 (Occupier’s licence), section 123 (Commercial fauna harvester’s licence), section 124 (Fauna dealer’s licence), section 125A (Emu licence), section 126 (Import and export licences), section 127 (Licence to liberate animals), section 131 (Licence to pick protected native plants), section 132 (Licence to grow native plants for sale), section 132A (Import and export licences for protected native plants) or section 132C (Scientific licences) of the National Parks and Wildlife Act 1974.(2) An existing licence in force on the commencement of the new Act is taken to be a biodiversity conservation licence under Part 2 of the new Act and has effect according to its tenor (subject to the new Act) for the balance of the period for which it was granted.(3) An application for an existing licence that had not been determined on the commencement of the new Act is taken to be an application for a biodiversity conservation licence under Part 2 of the new Act and may be determined accordingly.(4) Any right of appeal under a former Act to a court, body or person in relation to an application for an existing licence that was determined before the commencement of the new Act is not affected by the repeal of the former Act.(5) A reference in any Act or statutory or other instrument, or in any contract or agreement, to an existing licence is to be read as including a reference to a biodiversity conservation licence under Part 2 of the new Act. This subclause does not apply to any such reference in the new Act or a regulation under the new Act and is subject to any contrary intention in the provision in which the relevant reference occurs.
5 Existing certificate under section 95 of TSC Act as to significant effect
A certificate under section 95 (2) of the Threatened Species Conservation Act 1995 in force on the commencement of the new Act that certifies that a specified action is not likely to significantly affect threatened species or ecological communities (or their habitats) continues to have effect according to its tenor for the purposes of the new Act.
6 Existing joint management agreement under TSC Act
A joint management agreement under Division 2 of Part 7 of the Threatened Species Conservation Act 1995 in force on the commencement of the new Act is taken to be a joint management agreement entered into in accordance with the regulations under the new Act, as referred to in section 2.8 (1) (n) of the new Act.
7 Existing plan of management under NPW Act
A plan of management under section 115A of the National Parks and Wildlife Act 1974 that is in force on the repeal of that section by the new Act is taken to be a management plan under Division 2.4 of the Biodiversity Conservation Regulation 2017, but is subject to amendment, replacement or repeal under that Division.
Part 3 Provisions relating to areas of outstanding biodiversity value
8 Existing critical habitat continued as declared areas of outstanding biodiversity value
Any area that was, immediately before the commencement of the new Act, declared to be critical habitat under Part 3 of the Threatened Species Conservation Act 1995 is taken to have been declared under Part 3 of the new Act as an area of outstanding biodiversity value.Note—The areas concerned include the critical habitat for the Little Penguin population at Manly, for the Mitchell’s Rainforest Snail in Stotts Island Nature Reserve, for the Gould’s Petrel on Cabbage Tree Island and for the Wollemi Pine.
Part 4 Provisions relating to threatened species and ecological communities
9 Saving provision relating to existing Scientific Committee
(1) The Scientific Committee established under the new Act is a continuation of, and the same legal entity as, the Scientific Committee established under the Threatened Species Conservation Act 1995 immediately before the repeal of that Act (the former Committee).(2) A person who held office as a member of the former Committee immediately before that repeal is taken to have been appointed as a member of the Scientific Committee established under the new Act for the remainder of the person’s term of office as a member of the former Committee.(3) Any such member who was the Chairperson or Deputy Chairperson of the former Committee is taken to have been appointed as the Chairperson or Deputy Chairperson, respectively, of the Scientific Committee established under the new Act.
10 Existing strategies for species or ecological communities in Priorities Action Statement continued as strategies of Biodiversity Conservation Program
A strategy for species or ecological communities set out in accordance with the Threatened Species Priorities Action Statement under section 90A of the Threatened Species Conservation Act 1995 immediately before the repeal of that Act is taken to be a strategy included in the Biodiversity Conservation Program under Part 4 of the new Act.
11 Pending requests or nominations for listing
(1) In this clause:listing means listing as a threatened species, population or ecological community or as a key threatening process, and includes a provisional listing of an endangered or critically endangered species.(2) The Scientific Committee established by Division 7 of Part 4 of the new Act is to continue to deal with a request or nomination for a listing under the Threatened Species Conservation Act 1995 that had not been determined under that Act before the repeal of that Act.(3) The request or nomination is to continue to be dealt with as if it had been made under Part 4 of the new Act and as if anything done under the Threatened Species Conservation Act 1995 in relation to the request or nomination (including any preliminary determination) had been done under Part 4 of the new Act.(4) For the purposes of this clause, a request or nomination under the Threatened Species Conservation Act 1995 for the listing of a population of a species as an endangered population is to continue to be dealt with as a request or nomination for the listing of that population as an endangered species.
12 Existing provisional listings
Any species that, on the repeal of the Threatened Species Conservation Act 1995, was provisionally listed under that Act is taken, on the commencement of the new Act, to have been provisionally listed under the new Act.
Part 5 Provisions relating to private land conservation agreements
13 Continuation of biobanking agreements under TSC Act as biodiversity stewardship agreements under new Act
(1) A biobanking agreement that was made under Part 7A of the Threatened Species Conservation Act 1995 and that was in force on the repeal of that Act is taken to be a biodiversity stewardship agreement entered into under Division 2 of Part 5 of the new Act.(2) Any such agreement that was registered by the Registrar-General under section 127I of the Threatened Species Conservation Act 1995 is taken to have been registered under section 5.12 of the new Act.
14 Biobanking agreements under TSC Act—pending or interim applications
(1) This clause applies to an application to the Minister to enter into a biobanking agreement:(a) that was made under Part 7A of the Threatened Species Conservation Act 1995 and that had not been determined on the repeal of that Act, or(b) that is made under Part 7A of the Threatened Species Conservation Act 1995 within 6 months after the repeal of that Act (as if that Act had not been repealed), but only if the Minister is satisfied that relevant information was collected before that repeal, or(c) that is made under Part 7A of the Threatened Species Conservation Act 1995 after the repeal of that Act (as if that Act had not been repealed) in connection with a requirement of a biodiversity certification under Part 7AA of that Act (being a biodiversity certification conferred before the repeal of that Act or conferred after that repeal in accordance with clause 33, 36 or 37).(2) The Minister may, within the period of 18 months after the commencement of the new Act, determine the application and enter into a biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995 (as if that Act had not been repealed) if satisfied that the application substantially complies with Part 7A of that Act. Section 142B and other relevant provisions of that Act and the regulations under that Act continue to have effect for that purpose.(3) If the Minister enters into a biobanking agreement as a result of the determination of the application, it is taken to be a biodiversity stewardship agreement entered into under Division 2 of Part 5 of the new Act.
15 Enforcement of biobanking agreements under TSC Act
(1) Any proceedings under section 127L of the Threatened Species Conservation Act 1995 that had not been determined on the repeal of that Act are taken to be proceedings under section 13.15 of the new Act.(2) Proceedings may be instituted under section 13.15 of the new Act to remedy or restrain a breach of a biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995 that occurred before the repeal of that Act in addition to any such breach that occurs after that repeal.(3) An order that was made under section 127N of the Threatened Species Conservation Act 1995 before the repeal of that Act and that has not been complied with on that repeal is taken to be an order under section 11.26 of the new Act.(4) An order may be made under section 11.26 of the new Act (and action may be taken under that section by the Minister) in relation to the rectification of a breach of a biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995 that occurred before the repeal of that Act in addition to any such breach that occurs after that repeal.
16 Proposals by public authorities affecting (and prospecting and mining on) biobank sites under TSC Act
(1) A notice granting consent to development (and any direction or approval) under section 127Q of the Threatened Species Conservation Act 1995 given before the repeal of that Act and having effect on that repeal is taken to be a notice (or direction or approval) under section 5.16 of the new Act. Section 5.16 of the new Act applies to any variation or termination of the agreement under section 127Q of the Threatened Species Conservation Act 1995 in the same way as it applies to a variation or termination under section 5.16 of the new Act.(2) A direction under section 127S (2) of the Threatened Species Conservation Act 1995 given before the repeal of that Act and having effect on that repeal is taken to be a direction under section 5.16 of the new Act.
17 Wildlife refuges and conservation agreements under NPW Act
(1) After the commencement of the new Act, a wildlife refuge cannot be declared under section 68 of the National Parks and Wildlife Act 1974.(2) After the commencement of the new Act, a conservation agreement cannot be entered into under section 69B of the National Parks and Wildlife Act 1974 if the agreement is for a purpose referred to in section 69C (1) (e) or (e2) of that Act (or in section 69C (1) (e3) in relation to a purpose referred to in section 69C (1) (e) or (e2)). However, the Minister may enter into any such conservation agreement after the commencement of the new Act if satisfied that the proposed agreement was in preparation on the commencement of the new Act.(3) Division 13 of Part 4 of the National Parks and Wildlife Act 1974 (Offences relating to wildlife refuges and conservation areas) does not apply to offences committed after the commencement of the new Act within a wildlife refuge or land subject to a conservation agreement under that Act.
18 References to biobanking agreement etc in other Acts or instruments
(1) A reference in any Act or statutory or other instrument, or in any contract or agreement:(a) to a biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995 is to be read as a reference to a biodiversity stewardship agreement under Division 2 of Part 5 of the new Act, and(b) to a wildlife refuge under section 68 of the National Parks and Wildlife Act 1974 is to be read as a reference to land to which a wildlife refuge agreement under Division 4 of Part 5 of the new Act applies, and(c) to a conservation agreement under section 69B of the National Parks and Wildlife Act 1974 of a kind referred to in clause 17 (2) is to be read as a reference to a conservation agreement under Division 3 of Part 5 of the new Act.(2) This clause does not apply to any such reference in the new Act or a regulation under the new Act and is subject to any contrary intention in the provision in which the relevant reference occurs.
Part 6 Provisions relating to biodiversity offsets scheme
19 Preservation of existing biodiversity credits under TSC Act
(1) Biodiversity credits created under the Threatened Species Conservation Act 1995 and not retired or cancelled before the repeal of that Act are taken to be biodiversity credits under Part 6 of the new Act, being biodiversity credits that the Environment Agency Head determines are reasonably equivalent to the biodiversity credits so created under the Threatened Species Conservation Act 1995.(2) If biodiversity credits have not been created under the Threatened Species Conservation Act 1995 following the entry into a biobanking agreement before or after the repeal of that Act, section 127W of that Act continues to apply for the purposes of the creation of the biodiversity credits, but those biodiversity credits are to be created in accordance with the new Act and without the need for the site to be registered as a biobank site under that Act.(3) An order under section 127ZI of the Threatened Species Conservation Act 1995 that continues to have effect on the repeal of that Act is taken to be an order under section 6.29 of the new Act.
20 Biobanking statements issued under TSC Act
(1) The repeal of the Threatened Species Conservation Act 1995 does not affect a biobanking statement issued under Division 6 of Part 7A of that Act before the repeal of that Act.(2) Any such biobanking statement continues to have the effect it has under Division 6 of Part 7A of the Threatened Species Conservation Act 1995. The statement also has the same effect in relation to any development or activity to which it applies as Part 8 of the new Act has in relation to biodiversity certified land under that Part.(3) Any such biobanking statement that has not been acted on ceases to have effect 2 years after the repeal of the Threatened Species Conservation Act 1995 despite anything to the contrary in that Act.(4) Any such biobanking statement cannot be modified under Division 6 of Part 7A of the Threatened Species Conservation Act 1995, but may be modified by the Environment Agency Head on the application of the person to whom it was issued to bring the credit retirement condition of the statement into line with the equivalent biodiversity credits under the new Act.(5) An order under section 127ZR of the Threatened Species Conservation Act 1995 that continues to have effect on the repeal of that Act is taken to be an order under section 6.29 of the new Act.(6) Section 127ZS of the Threatened Species Conservation Act 1995 continues to have effect in relation to a biobanking statement under that Act.
21 Pending applications for biobanking statements under the TSC Act
(1) This clause applies to an application for a biobanking statement that was made under Part 7A of the Threatened Species Conservation Act 1995 and that had not been determined on the repeal of that Act.(2) The Environment Agency Head may, within 12 months after the commencement of the new Act, determine the application (and issue a biobanking statement) under Part 7A of the Threatened Species Conservation Act 1995 (as if that Act had not been repealed) if satisfied that the application substantially complies with Part 7A of that Act. The relevant provisions of that Act and the regulations under that Act continue to have effect for that purpose.(3) If the Environment Agency Head issues the biobanking statement, clause 20 applies to the statement as if it had been issued before the repeal of the Threatened Species Conservation Act 1995. In that case, a reference in clause 20 to a statement that has not been acted on ceasing to have effect 2 years after the repeal of that Act is to be construed as a reference to the period of 2 years after the issue of the statement.(4) A deferred retirement arrangement cannot be approved under Part 7A of the Threatened Species Conservation Act 1995 in relation to a biobanking statement issued in accordance with this clause.
22 Existing statutory obligations requiring retirement of biodiversity credits
(1) This clause applies to an obligation to retire credits under the Threatened Species Conservation Act 1995 under the following that have not been retired on the repeal of that Act:(a) a condition of a development consent under Part 4 of the Environmental Planning and Assessment Act 1979,(b) a condition of a State significant infrastructure approval under Part 5.1 of the Environmental Planning and Assessment Act 1979,(c) a decision of a determining authority to carry out an activity, or approve the carrying out of an activity, under Part 5 of the Environmental Planning and Assessment Act 1979,(d) a requirement of biodiversity certification, or of a biodiversity certification agreement, under Part 7AA of the Threatened Species Conservation Act 1995,(e) any other obligation imposed by a provision of or made under an Act or statutory instrument or an agreement.(2) If biodiversity credits that are required to be retired under any such obligation have not been retired on the commencement of the new Act, the obligation is to be construed as requiring the retirement of biodiversity credits under the new Act that remain to be retired.(3) The Environment Agency Head may, for the purposes of this clause, determine the biodiversity credits under the new Act that are reasonably equivalent to the remaining biodiversity credits under the Threatened Species Conservation Act 1995 that remain to be retired.
23 Preservation of appeals under Part 7A of TSC Act
The repeal of the Threatened Species Conservation Act 1995 does not affect an appeal made under section 127ZZG of that Act before that repeal.
24 Biobanking Trust Fund under TSC Act to become Biodiversity Stewardship Payments Fund
(1) The Biobanking Trust Fund established by section 127ZW of the Threatened Species Conservation Act 1995 is abolished on the repeal of that Act.(2) On the abolition of the Biobanking Trust Fund, money standing to the credit of the Fund and its other assets and liabilities become money standing to the credit of the Biodiversity Stewardship Payments Fund established by section 6.34 of the new Act and the other assets and liabilities of that Fund.
25 Biodiversity Banking Account under TSC Act to become Biodiversity Stewardship Operations Account
(1) The Biodiversity Banking Account established by section 127ZZA of the Threatened Species Conservation Act 1995 is abolished on the repeal of that Act.(2) On the abolition of the Biodiversity Banking Account, money standing to the credit of the Account becomes money standing to the credit of the Biodiversity Stewardship Operations Account established by section 6.39 of the new Act.(3) The repeal of section 127ZZ of the Threatened Species Conservation Act 1995 does not affect the liability of a person to pay a contribution to the Minister (or the Minister’s ability to recover the contribution) under that section.
26 References to abolished Fund or Account in other Acts or instruments
(1) A reference in any Act or statutory or other instrument, or in any contract or agreement:(a) to the Biobanking Trust Fund is to be read as a reference to the Biodiversity Stewardship Payments Fund, and(b) to the Biodiversity Banking Account is to be read as a reference to the Biodiversity Stewardship Operations Account.(2) This clause does not apply to any such reference in the new Act or a regulation under the new Act and is subject to any contrary intention in the provision in which the relevant reference occurs.cl 26: Am 2018 No 25, Sch 3.2.
Part 7 Provisions relating to biodiversity assessment and approvals under Planning Act
27 Definitions: Part 7
(1) In this Part:former planning provisions means the provisions of the Environmental Planning and Assessment Act 1979 that would be in force if that Act had not been amended by the new Act.pending Part 5 assessment of an activity for which the proponent is also the determining authority, means:(a) if the activity is likely to significantly affect threatened species—an environmental impact assessment of the activity that began under Part 5 of the Environmental Planning and Assessment Act 1979 before the commencement of the new Act if the proponent consulted (under section 112B of that Act) the Minister administering the Threatened Species Conservation Act 1995 before the commencement of the new Act or obtained (under section 112C of that Act) the concurrence of the Chief Executive of the Office of Environment and Heritage before the commencement of the new Act, or(b) an environmental impact assessment of the activity that began under Part 5 of the Environmental Planning and Assessment Act 1979 before the commencement of the new Act (but only if the proponent commences to carry out the activity within 18 months after the commencement of the new Act).pending Part 5 assessment of an activity for which the proponent is not also the determining authority, means:(a) an environmental impact assessment of the activity under Part 5 of the Environmental Planning and Assessment Act 1979 if the determining authority granted approval before the commencement of the new Act to the carrying out of the activity, or(b) an environmental impact assessment of the activity that began under Part 5 of the Environmental Planning and Assessment Act 1979 before the commencement of the new Act (but only if the determining authority grants approval within 18 months of that commencement to the carrying out of the activity).pending or interim planning application means any of the following:(a) an application for planning approval (or for the modification of a planning approval) made before the commencement of the new Act but not finally determined immediately before that commencement,(b) an application for planning approval (or for the modification of a planning approval) made within 18 months after the commencement of the new Act if an environmental impact statement is to be submitted in connection with the application and the Secretary of the Department of Planning and Environment issued, before the commencement of the new Act, environmental assessment requirements for the preparation of the statement,(c) an application for planning approval (or for the modification of a planning approval) made within 12 months after the commencement of the new Act if a species impact statement is to be submitted in connection with the application and the Environment Agency Head issued, before the commencement of the new Act, requirements for the preparation of the statement,(d) an application for planning approval (or for the modification of a planning approval) made after the commencement of the new Act if an environmental impact statement is to be submitted in connection with the application and the Secretary of the Department of Planning and Environment determines in writing that the proponent had undertaken substantial environmental assessment in connection with the statement before the commencement of the new Act (but only if the application is made within 18 months after that determination),(e) except in the case of State significant development—an application for development consent under Part 4 of the Environmental Planning and Assessment Act 1979 (or for the modification of such a development consent) made within 6 months after the commencement of the new Act (but only if any species impact statement that is to be submitted in connection with the application is submitted within 12 months after the commencement of the new Act),(f) in the case of development (except State significant development) within an interim designated area under subclause (3)—an application for development consent under Part 4 of the Environmental Planning and Assessment Act 1979 (or for the modification of such a development consent) made within 15 months after the commencement of the new Act (but only if any species impact statement that is to be submitted in connection with the application is submitted within 18 months after the commencement of the new Act),(g) in the case of development for the purposes of mining—an application for development consent under Part 4 of the Environmental Planning and Assessment Act 1979 (or for the modification of such a development consent) made within 2 years after the commencement of the new Act if the Secretary of the Department of Planning and Environment determines in writing (within 3 months after the commencement of the new Act) that the proponent had submitted before that commencement the conceptual project development plan for the mining project that is required by departmental policy before an application for development consent is made.planning approval means:(a) a development consent under Part 4 of the Environmental Planning and Assessment Act 1979, or(b) a State significant infrastructure approval under Part 5.1 of that Act.planning approval body means:(a) in relation to an application for development consent under Part 4 of the Environmental Planning and Assessment Act 1979 (or for the modification of such a consent)—the consent authority, or(b) in relation to an application for State significant infrastructure approval under Part 5.1 of that Act (or for the modification of such an approval)—the Minister administering that Act.(2) For the purposes of paragraph (b) of the definition of pending or interim planning application in subclause (1), if the environmental assessment requirements referred to in that paragraph are re-issued, then the application is a pending planning application if the application is made within 18 months after the re-issue of the requirements (but only if the application is made within 3 years after the commencement of the new Act).(3) For the purposes of paragraph (f) of the definition of pending or interim planning application in subclause (1), the following are interim designated areas:(a) the local government areas of Camden, City of Campbelltown, Central Coast, City of Cessnock, City of Coffs Harbour, City of Fairfield, City of Hawkesbury, City of Lake Macquarie, City of Liverpool, City of Maitland, City of Newcastle, City of Penrith, Port Stephens and Wollondilly,(b) that part of the local government area of the City of Wollongong that comprises the land to which the West Dapto Urban Release Area proposed application for biodiversity certification applies (as described in the Proposed Applications for Biodiversity Certification Order 2017 published in the Government Gazette No 126 of 24 November 2017 at pages 7246–7255).(4) A reference in this Part to Part 7 of the new Act not applying to a matter includes a reference to Division 12 of Part 7A of the Fisheries Management Act 1994 (as inserted by the new Act) not applying to that matter.cl 27: Am 2017 (663), Sch 1 [1] [2]; 2018 (60), cl 3 (1) (2).
28 Former planning provisions continue to apply to pending or interim planning applications
(1) The former planning provisions continue to apply (and Part 7 of the new Act does not apply) to the determination of a pending or interim planning application.(2) However, Part 7 of the new Act applies to the determination of a pending or interim planning application referred to in paragraph (b), (c) or (d) of the definition of pending or interim planning application in clause 27 (1) if the applicant or proponent and the planning approval body for the application agree in writing that Part 7 of the new Act is to apply to the determination of the application instead of the former planning provisions.
29 Former planning provisions continue to apply to pending Part 5 assessment and certain modifications of activities
(1) The former planning provisions continue to apply (and Part 7 of the new Act does not apply) to:(a) an environmental impact assessment that is a pending Part 5 assessment, or(b) an environmental impact assessment that relates to the modification of an activity if the proponent commences to carry out the modified activity within 18 months after the commencement of the new Act.(2) However, Part 7 of the new Act applies to an environmental impact assessment that is a pending Part 5 assessment (or that relates to the modification of an activity) instead of the former planning provisions if:(a) the proponent (being also the determining authority) elects to apply Part 7 of the new Act to the assessment, or(b) the proponent and the determining authority agree in writing that Part 7 of the new Act is to apply to the assessment.
30 New Act applies to modification of planning approvals granted before commencement of new Act
The new Act applies to the modification of a planning approval even if the planning approval was granted before the commencement of the new Act (unless the application for the modification of the planning approval is a pending or interim planning application).
31 New threatened species listings to apply to continued application of former planning provisions
For the purposes of the application of the former planning provisions in accordance with this Part, any change under the new Act to the listings of threatened species and ecological communities is taken to be a corresponding change to the listings under the Threatened Species Conservation Act 1995 referred to in the former planning provisions.
32 Data collected for BAM assessments before the commencement of the new Act
(1) For the purposes of Part 7 of the new Act, the use of data collected before the commencement of the new Act is taken to be collected in accordance with the Biodiversity Assessment Method if:(a) the data was collected in a manner that is substantially consistent with the Biodiversity Assessment Method, and(b) the data was collected by an accredited person.(2) An accredited person is:(a) a person who was accredited under section 142B of the Threatened Species Conservation Act 1995 when the data concerned was collected, or(b) a person who is accredited under section 6.10 of the new Act.
33 Savings and transitional arrangements for coal mining—Upper Hunter Strategic Assessment Agreement
(1) In this clause:coal mining means new coal mining operations or expansions of existing coal mining operations in the area to which the Upper Hunter Biodiversity Plan applies.development includes an activity to which Part 5 of the Environmental Planning and Assessment Act 1979 applies.Upper Hunter Biodiversity Plan means the biodiversity plan relating to coal mining in the Upper Hunter Valley to which the Upper Hunter Strategic Assessment Agreement relates and that:(a) is a policy, plan or program under section 146 of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth which identifies biodiversity values in the strategic assessment area, priorities for conservation and mechanisms to achieve desired conservation outcomes, and(b) is endorsed under that Act by the Commonwealth Minister responsible for administering that Act before or within 18 months after the commencement of the new Act.Upper Hunter Strategic Assessment Agreement means the agreement made on 20 September 2012 between the Commonwealth of Australia and the State of New South Wales in relation to the strategic assessment of a biodiversity plan for coal mining in the Upper Hunter Valley of New South Wales.(2) The Ministers administering the new Act and the Environmental Planning and Assessment Act 1979 may, by a joint notice published in the Gazette, approve of biodiversity assessment of a specified development, or class of development, relating to coal mining being undertaken in accordance with the Upper Hunter Biodiversity Plan.(3) Biodiversity assessment of proposed development is undertaken in accordance with the Upper Hunter Biodiversity Plan if:(a) that Plan has assessed the impact on biodiversity values of development of the class concerned, and(b) the terms and conditions of the planning approval for the proposed development, or for carrying out the proposed development, reflect the measures to avoid or mitigate those impacts, or to offset any residual impacts, that are required by that Plan.(4) If biodiversity assessment of proposed development is undertaken in accordance with the Upper Hunter Biodiversity Plan:(a) the proposed development is not likely to significantly affect threatened species for the purposes of Part 7 of the new Act, and(b) an assessment of the impact of the proposed development on biodiversity is not required for the purposes of Part 7 of the new Act or the Environmental Planning and Assessment Act 1979, and(c) a planning approval body or a determining authority is not required to take into consideration the likely impact on biodiversity of the proposed development.(5) This clause does not prevent the biodiversity assessment of proposed development to which this clause applies being undertaken in accordance with Part 7 of the new Act instead of the Upper Hunter Biodiversity Plan.(6) This clause applies whether or not the development concerned is also an approved action under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.Note—The above savings and transitional provision was foreshadowed in Schedule 9 to the new Act when the Bill for the new Act was enacted.
34 BOS threshold—interim arrangement pending publication of Biodiversity Values Map
(1) This clause applies during the period (if any) after the commencement of the Act and before the first publication of the Biodiversity Values Map under clause 7.3 of the Biodiversity Conservation Regulation 2017.(2) During that period, the land referred to in clause 7.3 (3) (a)–(c) of that Regulation is taken, for the purposes of that Regulation, to have been included in a Biodiversity Values Map.
34A Part 3A concept plan approvals, or other planning arrangements, subject to previous assessment and offsetting
(1) This clause applies to a development application that is made under the Environmental Planning and Assessment Act 1979 in respect of proposed development that is certified under this clause.(2) Part 7 of the Act does not apply to the determination of a development application to which this clause applies but the former planning provisions apply instead.(3) The Secretary of the Department of Planning and Environment may certify, by order in writing:(a) that the proposed development the subject of a development application is part of a concept plan approval and the biodiversity impacts of the proposed development were satisfactorily assessed before the commencement of the Act as part of the concept plan approval, and(b) that conservation measures have been secured into the future (by a planning agreement, a land reservation or otherwise) to offset the residual impact of the proposed development on biodiversity values after the measures required to be taken to avoid or minimise those impacts.(4) The Environment Agency Head may certify, by order in writing:(a) that the proposed development the subject of a development application is part of a relevant planning arrangement and the biodiversity impacts of the proposed development were satisfactorily assessed before the commencement of the Act as part of the relevant planning arrangement, and(b) that conservation measures have been secured into the future (by a planning agreement, a land reservation or otherwise) to offset the residual impact of the proposed development on biodiversity values after the measures required to be taken to avoid or minimise those impacts.(5) Proposed development the subject of a specified development application, or proposed development the subject of all or any pending or future development applications that are part of a specified concept plan approval or relevant planning arrangement, may be certified under this clause.(6) This clause applies in addition to any other provision of this Part that applies the former planning provisions to the determination of a development application.(7) In this clause:concept plan approval means an approved concept plan (whether approved before or after the repeal of Part 3A of the Environmental Planning and Assessment Act 1979) in respect of a transitional Part 3A project within the meaning of Schedule 6A to that Act.development application includes an application for the modification of a development consent.relevant planning arrangement means an arrangement associated with the making of an environmental planning instrument or development control plan under the Environmental Planning and Assessment Act 1979, the grant of concurrence under that Act or the making of any other application or request under that Act.cl 34A: Ins 2017 (732), Sch 1.
Part 8 Provisions relating to biodiversity certification of land
35 Biodiversity certification of land under TSC Act taken to be biodiversity certification under new Act
Biodiversity certification that was conferred on land under Part 7AA of the Threatened Species Conservation Act 1995 and that was in force on the repeal of that Act is taken to be biodiversity certification conferred on the land under Part 8 of the new Act.
36 Biodiversity certification proposals under TSC Act—pending applications
(1) This clause applies to an application for biodiversity certification that was made under Part 7AA of the Threatened Species Conservation Act 1995 and that had not been determined on the repeal of that Act.(2) The Minister may determine the application under Part 7AA of the Threatened Species Conservation Act 1995 (as if that Act had not been repealed) if satisfied that the application substantially complies with Part 7AA of that Act. Section 142B and other relevant provisions of that Act and the regulations under that Act continue to have effect for that purpose.(3) If the Minister confers biodiversity certification on land as a result of the determination of the application, it is taken to be biodiversity certification conferred on the land under Part 8 of the new Act.
37 Biodiversity certification proposals under TSC Act—applications not yet made
(1) This clause applies to a proposed application for biodiversity certification under Part 7AA of the Threatened Species Conservation Act 1995 that had been in the course of preparation, but had not been made, before the repeal of that Act.(2) The Minister may, by order published in the Gazette within 3 months after the commencement of the new Act, declare that any such proposed application may be made under Part 7AA of the Threatened Species Conservation Act 1995 and determined under this clause. The order is to specify the period (not exceeding 2 years after the commencement of the new Act) within which the application must be made.(3) The Minister may determine any such application that is duly made under Part 7AA of the Threatened Species Conservation Act 1995 (as if that Act had not been repealed). Section 142B of that Act continues to have effect for that purpose.(4) If the Minister confers biodiversity certification on land as a result of the determination of the application, it is taken to be biodiversity certification conferred on the land under Part 8 of the new Act.(5) This clause does not prevent the applicant for biodiversity certification deciding not to proceed with biodiversity certification under Part 7AA of the Threatened Species Conservation Act 1995 and making an application instead for biodiversity certification under the new Act.
38 Conservation measures under TSC Act biodiversity certification
(1) The following applies to conservation measures imposed by a biodiversity certification under Part 7AA of the Threatened Species Conservation Act 1995 that remain to be complied with on the repeal of the Act:(a) an obligation to enter into a biodiversity certification agreement under Part 7AA of the Threatened Species Conservation Act 1995 may also be satisfied by entering into a biodiversity certification agreement under Part 8 of the new Act,(b) an obligation to enter into a conservation agreement under the National Parks and Wildlife Act 1974 may be satisfied by entering into a conservation agreement under Part 5 of the new Act,(c) an obligation to enter into a trust agreement under the Nature Conservation Trust Act 2001 may be satisfied by entering into a biodiversity stewardship agreement under Part 5 of the new Act,(d) an obligation to enter into biobanking agreement under Part 7A of the Threatened Species Conservation Act 1995 may also be satisfied by entering into a biodiversity stewardship agreement under Part 5 of the new Act,(e) an obligation to acquire or retire biodiversity credits under Part 7A of the Threatened Species Conservation Act 1995 may also be satisfied by the acquisition or retirement of biodiversity credits under the new Act.
39 Compliance with approved measures under TSC Act biodiversity certification
(1) An order that was made under section 126ZD (1) or (2) of the Threatened Species Conservation Act 1995 before the repeal of that Act and that has not been complied with on that repeal is taken to be an order under section 8.13 (1) or (2), respectively, of the new Act.(2) An order may be made under section 8.13 of the new Act in relation to a failure to comply with the approved measures under a biodiversity certification under Part 7AA of the Threatened Species Conservation Act 1995 that occurred before the repeal of that Act in addition to any such failure that occurs after that repeal.
40 Biodiversity certification agreements under TSC Act taken to be biodiversity certification agreements under new Act
(1) A biodiversity certification agreement that was entered into under Part 7AA of the Threatened Species Conservation Act 1995 and that was in force on the repeal of that Act (or that is entered into in connection with biodiversity certification conferred under clause 36 or 37) is taken to be a biodiversity certification agreement entered into under Part 8 of the new Act.(2) Any such agreement registered by the Registrar-General under section 126ZJ of the Threatened Species Conservation Act 1995 is taken to have been registered under section 8.17 of the new Act.
41 Enforcement of biodiversity certification agreements under TSC Act
(1) Any proceedings under section 126ZK of the Threatened Species Conservation Act 1995 that had not been determined on the repeal of that Act are taken to be proceedings under section 13.16 of the new Act.(2) Proceedings may be instituted under section 13.16 of the new Act to remedy or restrain a breach of a biodiversity certification agreement under Part 7AA of the Threatened Species Conservation Act 1995 that occurred before the repeal of that Act in addition to any such breach that occurs after that repeal.(3) An order that was made under section 126ZL of the Threatened Species Conservation Act 1995 before the repeal of that Act and that has not been complied with on that repeal is taken to be an order under section 8.18 of the new Act.(4) An order may be made under section 8.18 of the new Act (and action may be taken under that section by the Minister) in relation to the rectification of a contravention of a biodiversity certification agreement under Part 7AA of the Threatened Species Conservation Act 1995 that occurred before the repeal of that Act in addition to any such contravention that occurs after that repeal.
42 Preservation of appeals under Part 7AA of TSC Act
The repeal of the Threatened Species Conservation Act 1995 does not affect an appeal made under section 126ZF or 126ZS of that Act before that repeal.
43 Preservation of biocertification of Sydney Region Growth Centres SEPP, EPIs etc
(1) The repeal of the Threatened Species Conservation Act 1995 does not affect the operation of Part 7 or 8 of Schedule 7 to that Act.(2) The Minister may, by order published in the Gazette, limit the area of land to which the biodiversity certification under Part 8 of Schedule 7 applies if the Minister is satisfied that it is necessary to do so to preserve the general effect of the biodiversity certification under that Part because of the changes made by the new Act and the legislation relating to the clearing of native vegetation.
44 References to biodiversity certification and biodiversity certification agreement under TSC Act in other Acts or instruments
(1) A reference in any Act or statutory or other instrument, or in any contract or agreement:(a) to biodiversity certification under Part 7AA of the Threatened Species Conservation Act 1995 is to be read as a reference to a biodiversity certification under Part 8 of the new Act, and(b) to a biodiversity certification agreement under Part 7AA of the Threatened Species Conservation Act 1995 is to be read as a reference to a biodiversity certification agreement under Part 8 of the new Act.(2) This clause does not apply to any such reference in the new Act or a regulation under the new Act and is subject to any contrary intention in the provision in which the relevant reference occurs.
Part 9 Provisions relating to public consultation and public registers
45 Public consultation and making of instruments before Act commences
To avoid doubt, section 26 of the Interpretation Act 1987 applies to the making of a public consultation document to which Division 1 of Part 9 of the new Act applies (and to public consultation under that Division or any other requirement under that Act in relation to a proposed document) before the commencement of the new Act.Note—Section 26 provides that the document concerned has effect on the commencement of the new Act.
46 Preservation of register of biobanking statements under TSC Act
On the repeal of the Threatened Species Conservation Act 1995, the register of biobanking statements under section 127ZZD of that Act becomes a public register to which Division 2 of Part 9 of the new Act applies, and that section continues to have effect accordingly.
Part 10 Provisions relating to Biodiversity Conservation Trust
Note—
Section 10.15 of the new Act provides that the Biodiversity Conservation Trust established under Division 1 of Part 10 of the new Act is a continuation of, and the same legal entity as, the Nature Conservation Trust established under the Nature Conservation Trust Act 2001 immediately before the repeal of that Act.
47 Members of Board of Nature Conservation Trust cease to hold office
A person who, immediately before the repeal of the Nature Conservation Trust Act 2001, held office as a member of the Board of the Nature Conservation Trust under that Act:(a) ceases to hold that office, and(b) is not entitled to any remuneration or compensation because of the loss of that office, and(c) is entitled, if otherwise qualified, to be appointed as a member of the Board of the Biodiversity Conservation Trust.
48 First annual report of Biodiversity Conservation Trust to include Nature Conservation Trust
The first annual report of the Biodiversity Conservation Trust under the Annual Reports (Statutory Bodies) Act 1984 is to include a report on the Nature Conservation Trust in respect of any period for which an annual report of the Nature Conservation Trust had not been made under section 16 of the Nature Conservation Trust Act 2001.
49 Operating accounts of Nature Conservation Trust to become part of Biodiversity Conservation Fund
On the repeal of the Nature Conservation Trust Act 2001, money standing to the credit of an operating account under section 28 of that Act is taken to be money standing to the credit of the Biodiversity Conservation Fund established by section 10.16 of the Biodiversity Conservation Act 2016.
50 Continuation of existing Trust agreements etc
(1) A Trust agreement in force under the Nature Conservation Trust Act 2001 immediately before the repeal of that Act continues to have effect in accordance with its terms as if that Act had not been repealed. The Biodiversity Conservation Trust is taken to be a party to any such Trust agreement in place of the Nature Conservation Trust.(2) The Biodiversity Conservation Trust may enter into a Trust agreement under the Nature Conservation Trust Act 2001 (as if that Act had not been repealed) if the Trust is satisfied that the proposed agreement was in preparation on the repeal of that Act.(3) For the purposes of this clause, the Nature Conservation Trust Act 2001 continues to apply to and in respect of a Trust agreement to which this clause applies as if that Act had not been repealed and as if references to the Nature Conservation Trust were references to the Biodiversity Conservation Trust.
51 References to Nature Conservation Trust in other Acts or instruments
A reference in any Act or statutory or other instrument, or in any contract or agreement, to the Nature Conservation Trust is to be read as a reference to Biodiversity Conservation Trust. This clause does not apply to any such reference in the new Act or a regulation under the new Act and is subject to any contrary intention in the provision in which the relevant reference occurs.cl 51: Am 2018 No 25, Sch 3.2.
Part 11 Provisions relating to regulatory compliance mechanisms
52 Existing stop work order under TSC Act
(1) A stop work order under the Threatened Species Conservation Act 1995 that is in force on the repeal of that Act is taken to be a stop work order under Division 2 of Part 11 of the new Act.(2) Any such stop work order is taken to have been made in relation to a contravention of the new Act for the purposes of section 11.8 of the new Act.
53 Remediation orders and directions in relation to previous offences under NPW Act
(1) A remediation order may be made under Division 4 of Part 11 of the new Act in relation to damage in or as a result of the commission of an offence under the National Parks and Wildlife Act 1974 before the commencement of the new Act.(2) The repeal of section 102 of the National Parks and Wildlife Act 1974 does not affect the continued operation of a direction in force under that section on that repeal, and that section continues to have effect in relation to such a direction.
54 Remediation orders and directions in relation to previous offences under NV Act
(1) A remediation order may be made under Division 4 of Part 11 of the new Act in relation to damage in or as a result of the commission of an offence under the Native Vegetation Act 2003 before the commencement of the new Act.(2) The repeal of section 38 of the Native Vegetation Act 2003 does not affect the continued operation of a direction in force under that section on that repeal, and that section continues to have effect in relation to such a direction.
Part 12 Provisions relating to investigation powers
55 Use of investigation powers under new Act for enforcement of former Acts
(1) Powers may also be exercised under Part 12 of the new Act for the following purposes:(a) for determining whether there has been compliance with or a contravention of a former Act,(b) for obtaining information or records for purposes connected with the enforcement of a former Act,(c) generally for the enforcement of a former Act.(2) Division 7 of Part 12 of the new Act (Special provisions relating to native vegetation clearing enforcement) extends to the exercise of powers authorised by subclause (1) in relation to the Native Vegetation Act 2003.(3) In this clause:former Act includes a statutory instrument, an agreement or other requirement made under a former Act.
56 Continued authority of authorised officers appointed under former Act
(1) In this clause:means a person who was, immediately before the commencement of the new Act:(a) an authorised officer appointed under section 34 of the Native Vegetation Act 2003, or(b) an authorised officer appointed as referred to in section 156B of the National Parks and Wildlife Act 1974.(2) An existing authorised officer is taken to have been appointed under section 12.4 of the new Act as an authorised officer without limitation of the functions the person may exercise as an authorised officer under the new Act. The Environment Agency Head may, after the commencement of the new Act, terminate the operation of this subclause in relation to a person and may appoint the person as an authorised officer under and in accordance with section 12.4 of the new Act.(3) An identification issued to an existing authorised officer under section 34 of the Native Vegetation Act 2003, or in accordance with section 156B of the National Parks and Wildlife Act 1974, is taken to be an identification card issued to the authorised officer under section 12.6 of the new Act.
57 Enforcement requirement under former Act in relation to information or records
(1) The repeal of a former Act does not affect any pending enforcement requirement. After that repeal, any such pending enforcement requirement is taken to be a requirement made under the corresponding provision of the new Act.(2) Information or records obtained with respect to the enforcement of a former Act may be used in connection with the enforcement of the new Act or Part 5A of the Local Land Services Act 2013.(3) In this clause:former Act includes a statutory instrument, an agreement or other requirement made under a former Act.pending enforcement requirement means a notice under section 36 of the Native Vegetation Act 2003, or any other requirement made with respect to information or records under a former Act for the purposes of the enforcement of the former Act, that has not been complied with on the repeal of the former Act.
Part 13 Provisions relating to criminal and civil proceedings
58 Offences under former Act not affected
(1) The repeal of a former Act does not affect any offence against the former Act (or the regulations under the former Act) that was committed before that repeal.(2) The provisions of the former Act (or the regulations under the former Act) relating to the following continue to apply:(a) proceedings for any such offence (and evidentiary certificates or provisions relating to those proceedings),(b) the issue of penalty notices for any such offence,(c) the making of an order by a court in relation to any such offence,(d) enforceable undertakings in relation to any such offence.(3) This clause extends to offences committed after the repeal of a former Act in relation to a provision of the former Act (or of the regulations under the former Act) that is continued in force by this Regulation.
59 Civil proceedings under former Act not affected
(1) The repeal of a former Act does not affect any civil proceedings that may be brought under the former Act in relation to a breach of the former Act or any instrument or agreement under a former Act that occurred before that repeal.(2) The provisions of the former Act relating to civil proceedings in relation to such a breach continue to apply to those proceedings.(3) This clause extends to breaches occurring after the repeal of a former Act in relation to a provision of the former Act (or of any instrument or agreement under a former Act) that is continued in force by this Regulation.
Part 14 Provisions consequent on repeal of Native Vegetation Act 2003
60 Property Vegetation Plans under NV Act continue in force
(1) The repeal of the Native Vegetation Act 2003 does not affect a property vegetation plan that was approved under the Native Vegetation Act 2003 before the repeal of that Act and that was in force on that repeal.(2) For the purposes of section 60N of the Local Land Services Act 2013 (and section 2.8 (1) (b) of the Biodiversity Conservation Act 2016), the clearing of native vegetation in accordance with any such property vegetation plan is taken to be clearing in accordance with a land management (native vegetation) code under that Act.(3) The following provisions of the Native Vegetation Act 2003 and the regulations under that Act continue to have effect in relation to any such property vegetation plan (other than any such plan that is taken to be a private native forestry plan under Part 5C of the Forestry Act 2012):(a) provisions relating to the variation of the plan,(b) provisions relating to the termination of the plan,(c) provisions relating to the continued operation of the plan following a change in the ownership of the land concerned,(d) provisions relating to the registration of the plan on the title to the land concerned,(e) provisions relating to the making of information about the plan publicly available.For that purpose, a reference in those provisions to the Minister administering that Act is to be construed as a reference to the Minister administering the Biodiversity Conservation Act 2016.(4) Any such property vegetation plan that authorises broadscale clearing may be terminated under those provisions by the Minister at the request of the landholder concerned if all the clearing authorised by the plan has not yet been carried out. The Minister is not to terminate the plan unless a mandatory code compliant certificate is issued under section 60Y of the Local Land Services Act 2013 that provides for a set aside area under section 60ZC of that Act (in place of the offset obligation under the plan):(a) that is in the same location as the offset obligation under the plan, and(b) whose size is the same proportion to the size of the offset obligation under the plan as the size of the area previously cleared under the plan bears to the total area authorised to be cleared under the plan (unless Local Land Services varies that size to reflect the biodiversity conservation outcomes under the plan).(5) This clause is subject to the provisions of any land management (native vegetation) code relating to the transition to Part 5A of the Local Land Services Act 2013 of clearing and other requirements under property vegetation plans as referred to in section 60W (3) of that Act.
61 Development consents under NV Act continue in force
(1) The repeal of the Native Vegetation Act 2003 does not affect a development consent that was granted under that Act before the repeal of that Act.(2) For the purposes of sections 60N and 60O of the Local Land Services Act 2013 (and section 2.8 (1) (a) of the Biodiversity Conservation Act 2016), the clearing of native vegetation in accordance with any such development consent is taken to be clearing in accordance with a development consent under Part 4 of the Environmental Planning and Assessment Act 1979.(3) The provisions of the Native Vegetation Act 2003 and the regulations under that Act continue to have effect in relation to the clearing permitted to be carried out under any such development consent.
62 Notified clearing under Ministerial orders (“self assessable codes”) under NV Act continues in force
(1) The repeal of the Native Vegetation Act 2003 does not affect a notification given before the repeal of that Act by a landholder under clause 43 of the Native Vegetation Regulation 2013 of proposed clearing in relation to a Ministerial order under that Regulation, but only if the proposed clearing is carried out within 18 months after the repeal of that Act.(2) For the purposes of section 60N of the Local Land Services Act 2013 (and section 2.8 (1) (b) of the Biodiversity Conservation Act 2016), the clearing of native vegetation in accordance with any such notification is taken to be clearing in accordance with a land management (native vegetation) code under that Act.(3) The provisions of the Native Vegetation Regulation 2013 continue to have effect in relation to the clearing concerned.cl 62: Am 2018 (60), cl 3 (3).
63 Continuation of existing property agreements continued under NV Act
(1) A property agreement made under the Native Vegetation Conservation Act 1997 before the repeal of that Act (and continued in force by clause 65 of the Native Vegetation Regulation 2013) continues to have effect in accordance with its terms as if that Regulation had not been repealed by the Local Land Services Amendment Act 2016.(2) For that purpose, Part 5 (Property agreements) of the Native Vegetation Conservation Act 1997 continues to have effect in relation to any such property agreement.
Part 15 Miscellaneous provisions
64 Extension of delegation power to functions under former Acts
(1) Section 14.4 of the new Act extends to any functions of the Minister or the Environment Agency Head conferred by a former Act or any instrument or agreement under a former Act.(2) Section 16 of the Local Land Services Act 2013 extends to any functions of Local Land Services conferred by a former Act or any instrument or agreement under a former Act.(3) Section 17 of the Local Land Services Act 2013 extends to any functions of the Minister administering that Act conferred by a former Act or any instrument or agreement under a former Act.
65 Extension of exemption from liability in relation to former Acts
Section 14.5 of the new Act extends to anything done or omitted to be done by a protected person in good faith for the purposes of exercising the functions of the protected person conferred by a former Act or any instrument or agreement under a former Act.
66 Amendment by Act of EPA objectives (relating to social objectives) not to affect environment protection licensing functions
The amendment made by Schedule 11.7 to the new Act to section 6 (2) of the Protection of the Environment Administration Act 1991 does not apply to the objectives of the EPA that are required by section 45 (b) of the Protection of the Environment Operations Act 1997 to be taken into consideration by an appropriate regulatory authority when exercising its functions under Chapter 3 of that Act with respect to environment protection licences.Note—Schedule 11.7 amended section 6 (2), which relates to the objectives of the EPA, to add social considerations (in addition to economic and environmental considerations) in connection with the maintenance of ecologically sustainable development.
67 References to Coastal Management Act 2016 before commencement of that Act
A reference to land in the coastal wetlands or littoral rainforests area of the coastal zone referred to in the Coastal Management Act 2016 in section 60I of the Local Land Services Act 2013 or in clause 7.3 of the Biodiversity Conservation Regulation 2017 is taken, until the commencement of the Coastal Management Act 2016, to be a reference to:(a) land to which State Environmental Planning Policy No 14—Coastal Wetlands applies, or(b) land to which State Environmental Planning Policy No 26—Littoral Rainforests applies.
Schedules 1, 2 (Repealed)
sch 1: Rep 2018 No 25, Sch 6.
sch 2: Rep 2018 No 25, Sch 6.