Victorian Current Acts

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FLORA AND FAUNA GUARANTEE ACT 1988 - SECT 20B

Public consultation on critical habitats

    (1)     Before making a critical habitat determination, the Secretary must give written notice to the following—

        (a)     the landholder of any land that is within the area of the proposed determination;

        (b)     any public authority that performs a function or exercises a power in the area of the proposed determination;

        (c)     any person whose interests, in the opinion of the Secretary, are likely to be adversely affected by the proposed determination.

    (2)     A written notice under subsection (1) must include a statement that submissions on the proposed determination may be made to the Secretary on or before a specified date, being at least 30 days after the giving of the notice.

    (3)     The Secretary must publish on the Internet—

        (a)     a copy of the proposed determination; and

        (b)     a general description of the effect of the proposed determination; and

        (c)     a statement that submissions on the proposed determination may be made to the Secretary on or before a specified date, being at least 30 days after publication.

    (4)     Subsections (1) and (3) do not apply if the Secretary considers that the written notice or publication of a proposed determination is likely to result in damage being done to the habitat within the area that is subject to the determination.

    (5)     Subsection (3) does not apply if the landholder of any land requests that the information be withheld and the Minister approves the withholding of the information.

    (6)     The Secretary must consider any submissions made under this section and received on or before the specified date.

    (7)     The Secretary must consult with the Committee in preparing a critical habitat determination after the specified date.

S. 20C inserted by No. 28/2019 s. 15.



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