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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 514D

Requirements relating to functions and powers

Ministerial directions

(1)
The Director must perform the Director's functions and exercise the Director's powers in accordance with any directions given by the Minister, unless this Act provides otherwise.

Consultation

(2)
The Director must consult and have regard to the views of the following persons in relation to the performance of the Director's functions and the exercise of the Director's powers in relation to a Commonwealth reserve or conservation zone:

(a)
if the reserve or zone is wholly or partly in a State or self-governing Territory—the agency (if any) of the State or Territory responsible for managing national parks established under the law of the State or Territory;

(b)
if the reserve or zone is wholly or partly in an area for which an Aboriginal Land Council has been established under the Aboriginal Land Rights (Northern Territory) Act 1976 —the Chairperson of the Council;

(c)
if the reserve is Booderee National Park—the Chairperson of the Wreck Bay Aboriginal Community Council.

Australian National Botanic Gardens in Jervis Bay Territory

(3)
The Director must consult and have regard to the views of the Chairperson of the Wreck Bay Aboriginal Community Council in relation to the performance of the Director's functions and the exercise of the Director's powers in relation to the part of the Commonwealth reserve known as the Australian National Botanic Gardens that is in the Jervis Bay Territory.

Trust property

(4)
The Director must deal with any money or property vested in the Director on trust in accordance with the powers and duties of the Director as trustee, despite the other provisions of this Act.

Limits on contracts and leases

(5)
The Director must not:

(a)
enter into a contract involving the payment or receipt of an amount more than:

(i)
$250,000; or
(ii)
if the regulations prescribe a greater amount—that greater amount; or
(b)
take land (except indigenous people's land) on lease for more than 10 years;

without the Minister's approval.

No borrowing

(6)
The Director must not borrow money in the performance of the Director's functions.

Subdivision B—Constitution of Director of National Parks



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