New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 11.8

11.8 Recommendation for making of interim protection order

(1) The Environment Agency Head may recommend to the Minister the making of an interim protection order in respect of an area of land--

(a) that has, in the Agency Head's opinion, natural or scientific significance, or

(b) on which the Agency Head intends to exercise any of the Agency Head's functions under this Act in relation to threatened species or ecological communities or to protected animals or protected plants, or

(c) that is a declared area of outstanding biodiversity value or the habitat of a threatened species or ecological community.

(2) This subsection applies where the Environment Agency Head has made a stop work order in relation to a contravention of this Act or the native vegetation legislation. The Environment Agency Head is to recommend to the Minister the making of an interim protection order if, after consulting the person taking or proposing to take the relevant action, the Environment Agency Head is of the opinion that satisfactory arrangements cannot be made to prevent the contravention concerned and that it is appropriate to make an interim protection order in the circumstances.