(1) The Governor in Council may, by Order in Council, declare any aquatic species to be noxious.
(2) A declaration cannot be made under subsection (1) in respect of—
(a) protected aquatic biota; or
(b) protected wildlife, notable wildlife or endangered wildlife under the Wildlife Act 1975 ; or
S. 75(2)(c) amended by No. 28/2019 s. 49(3).
(c) protected flora or part of a taxon or community of flora or fauna listed under the Flora and Fauna Guarantee Act 1988 .
(3) A declaration under subsection (1)—
(a) may apply to any species of aquatic flora or fauna (whether alive or dead) specified in the declaration, other than mammals, reptiles, amphibians or birds;
(b) may apply to all, or a specified part, of Victoria;
(c) comes into operation on the date the Order in Council is published in the Government Gazette or any later date specified in the declaration as the date of commencement.
(4) A declaration is a subordinate instrument for the purposes of the Interpretation of Legislation Act 1984 .
(5) The Governor in Council may at any time, by Order in Council, amend or revoke any Order made under subsection (1).
S. 76 substituted by No. 5/1997
s. 12, amended by No. 40/2019 s. 19.