Australian Capital Territory Current Acts

NATURE CONSERVATION ACT 2014 - SECT 318A

    (1)     The conservator of flora and fauna may approve a code of practice (a  minor public works code ) for minor public works carried out by or for the Territory in a reserve.

Note     A power given under an Act to make a statutory instrument (including a code of practice) includes power to amend or repeal the instrument (see Legislation Act

, s 46 (1)).

    (2)     A minor public works code—

        (a)     must set out standards and practices for carrying out minor public works in a reserve to ensure the works are not likely to have a significant adverse environmental impact; and

        (b)     may include the following:

              (i)     circumstances in which minor public works are not likely to have a significant adverse environmental impact;

              (ii)     conditions to apply to stated minor public works to ensure the works do not have a significant adverse environmental impact.

Note     Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act

, s 48).

    (3)     An approved minor public works code may apply, adopt or incorporate a law or instrument as in force from time to time.

Note 1     The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act

, s 47 (5) or (6) is not disapplied (see s 47 (7)).

Note 2     A notifiable instrument must be notified under the Legislation Act

.

Note 3     A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act

, s 14 (2)).

    (4)     If the conservator of flora and fauna approves a minor public works code, the conservator must review the code at least once every 5 years.

    (5)     An approved minor public works code is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

.

    (6)     In this section:

"minor public works"—see the Planning (General) Regulation 2023

, schedule 1, section 1.1.