Threatened Species Conservation Act 1995 (NSW) - Level 4

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An Act to conserve threatened species, populations and ecological communities of animals and plants. The Act and associated regulations prescribe the criteria for classification of a species, population or ecological community as 'vulnerable, 'endangered', 'presumed extinct', or 'critically endangered'. Further, this legislation provides criteria for activities to be considered 'key threatening process' for the purposes of the Act. The Scientific Committee is established as the body responsible for the above classification of threatened species and is responsible for the compilation of lists contained within the schedules to the Act. Schedule 1 - lists endangered species, populations, ecological communities and species that are presumed extinct for the purposes of the Act. Schedule 1A - lists critically endangered species and ecological communities. Schedule 2 - lists vulnerable species and ecological communities. Schedule 3
- lists key threatening processes.
The Act deals with procedural matters for the declaration of a 'critical habitat' and the resulting limitations to activities that may be permitted at a site declared as a 'critical habitat'. The Act has provisions for the preparation, consultation and publication of threatened species priorities action statement, recovery plans, and threat abatement plans, to promote the conservation of threatened species.
The Act contains a licencing mechanism to allow restricted activity (usually prohibited due to risk of harm or damage to the habitat or population under threat) under certain circumstances and only with express permission of the Director General (through issue of the Licence). Biodiversity certification of environmental planning instruments (EPIs) including local environmental plans, state environmental planning policies and regional environmental plans can be granted under the Act, if the Minister for the Environment is satisfied the plan will provide an overall improvement or maintenance of biodiversity values. Further, the act establishes a biobanking framework including Biobanking agreements and the creation and trading of biodiversity credits counterbalancing the impacts of development to improve or maintain biodiversity values. The University must have regard to this Act, Environmental Planning Instruments and Development Applications in conduct of any development activity impacting threatened species and associated habitats.

Relevant Compliance Frameworks

Legislation, Standards and Codes may be linked to one or more of the University's compliance frameworks either as the driver of the requirements, or as a component of the framework.

The relevant frameworks are listed below.