Victorian Current Acts

FLORA AND FAUNA GUARANTEE ACT 1988 - SECT 28

    (1)     In preparing a habitat conservation order, the Minister must consider—

        (a)     the objectives and principles of this Act; and

        (b)     nature conservation matters; and

        (c)     the social and economic consequences of making the order.

    (2)     Before making a habitat conservation order, the Minister must consult with any other Minister whose area of responsibility is likely to be affected by a habitat conservation order.

    (3)     Subsection (4) applies if the Minister is proposing to make an order in relation to a critical habitat and—

        (a)     some or all of the critical habitat is within an area of land that is the subject of an agreement under Part 6 of the Traditional Owner Settlement Act 2010 ; and

        (b)     the order will affect the carrying out of an agreed activity under the agreement.

    (4)     The Minister must not make the order—

        (a)     unless before making the order the Secretary takes all reasonable steps to reach agreement with the relevant traditional owner group entity on alternative measures for the conservation, protection or management of the critical habitat; and

        (b)     either of the following applies—

              (i)     agreement is reached by the Secretary and the traditional owner group entity on alternative measures;

              (ii)     a reasonable time is allowed for agreement to be reached by the Secretary and the traditional owner group entity on alternative measures.

S. 29 substituted by No. 28/2019 s. 20.