New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 3.3

3.3 Procedural requirements before areas declared

(1) Before an area is declared to be an area of outstanding biodiversity value--

(a) the Environment Agency Head must recommend the declaration of the area, and

(b) the Environment Agency Head must notify landholders whose land is within the proposed area, and any public authorities that appear to the Agency Head to exercise functions in relation to land within the proposed area, of the recommendation to declare the area, and

(c) the Environment Agency Head must give those landholders and public authorities a reasonable opportunity to make submissions with respect to the recommendation to declare the area, and

(d) the public consultation required by Part 9 is to be undertaken in relation to the proposed declaration of the area, and

(e) the Environment Agency Head must seek and consider the advice of the Threatened Species Scientific Committee, the Biodiversity Conservation Trust and the Biodiversity Conservation Advisory Panel.

(2) The Environment Agency Head may amend or not proceed with a recommendation following consideration of any such advice or any submissions from landholders, public authorities or others.

(3) A declaration is not invalid because of any failure to fully comply with this section.