[Simone Fisher]

Hi Maria,
We had a recent request for exemption for a Bio Banking agreement under the Threatened Species Conservation Act 1995. A copy of the agreement was provided with a fact sheet that advised:
‘Land that is subject to a conservation agreement 5 is exempt from rates under section 555(1)(b1) of the Local Government Act 1993.
5 Clause 18 of the Biodiversity Conservation (Savings and Transitional) Regulation 2017 provides that any reference to a conservation agreement under section 69B of the National Parks and Wildlife Act 1974 is to be read as a reference to a conservation agreement under Division 3 of Part 5 of the BC Act”

We received legal advice which confirmed:
The Threatened Species Conservation Act 1995 was replaced with the Biodiversity Conservation Act 2016. Regulations relating to the Biodiversity Conservation Act 2016 are in the Biodiversity Conservation (Savings and Transitional) Regulation 2017.

Clause 13(1) of Biodiversity Conservation (Savings and Transitional) Regulation 2017 provides:
‘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’

In accordance with clause 13(1) and 18(a) of the regulation, Biodiversity stewardship agreements are referred to separately to conservation agreements under the new Act with conservation agreements being under Division 3 of Part 5 and stewardship agreements being under Division 2 of Part 5.

We therefore declined the requested as the agreement provided fell under Division 2 of Part 5 of the new Act and not as a reference to a conservation agreement under Division 3 of Part 5 of the new Act.

The owner did query this & were advised the seek their own legal advice but we have not yet received any formal request to review the decision to decline the application.

Thanks
Simone