Australian Capital Territory Current Acts

NATURE CONSERVATION ACT 2014 - SECT 268

    (1)     In this Act:

"suitable activity", for a licence—

        (a)     means an activity that the conservator is satisfied is suitable for the licence; but

        (b)     does not include an activity prescribed by regulation as an unsuitable activity.

    (2)     In deciding whether an activity is suitable for a licence, the conservator must consider each of the following:

        (a)     suitability information about the activity;

        (b)     any information about the activity given to the conservator under section 270 (Suitability of activities—further information about activity);

        (c)     any risk management plan given to the conservator under section 271 (Suitability of activities—risk management plan);

        (d)     the results of any inspection of a place by the conservator under section 272 (Suitability of activities—inspection of place);

        (e)     if the activity involves a relevant species, relevant ecological community or key threatening process for which an action plan is in force—the action plan;

Note     Action plan —see s 99.
Key threatening process —see s 74.
Relevant ecological community "and "relevant species —see s 98.

        (f)     if the activity involves a species for which a native species conservation plan is in force—the native species conservation plan;

Note     Native species conservation plan —see s 115.

        (g)     if the activity involves a native species and a controlled native species management plan is in force for the native species—the controlled native species management plan;

        (h)     if the activity is to be carried out in a reserve—

              (i)     the planning and development management objectives for the reserve; and

Note     Planning and development management objectives —see the dictionary.

              (ii)     for a reserve assigned to an IUCN category under section 172—the IUCN reserve management objectives identified for the reserve or area;

Note     IUCN category —see s 171.
IUCN reserve management objectives —see s 173.

              (i)     if the activity is to be carried out in a resource protection area—the purpose of the resource protection area declaration, including the environmental harm that the declaration is intended to reduce.

Note     Resource protection area declaration —see s 254.

    (3)     In deciding whether an activity to be carried out in a reserve is suitable for a licence, the conservator must consult the custodian of the reserve.