Victorian Current Acts Victorian Current Acts(1) A person who wishes to undertake a particular use or activity for which a permit is required under a habitat conservation order must apply to the Minister.
(2) In determining whether to grant a permit, the Minister must consider—
(a) the objectives and principles of this Act; and
(b) the significance of the likely impacts of the proposal on the habitat or the persistence of taxa or communities of flora or fauna within the area; and
(c) whether all reasonable steps have been taken to avoid the impacts of the proposal on the habitat or the persistence of taxa or communities of flora or fauna within the area; and
(d) the likely effectiveness of any proposed measures to mitigate the impacts of the proposal on the habitat or the persistence of taxa or communities of flora or fauna within the area; and
(e) any possible social and economic effects that the granting of the permit might have.
(3) The Minister must not grant a permit unless the Minister considers that the granting of a permit would not threaten the conservation of any taxon or community of flora or fauna within the area.
(4) If the Secretary undertakes any actions or works to manage a habitat or a person is required to repair any damage to the habitat under a habitat conservation order, the Secretary or person is not required to obtain a permit or other authority under the Planning and Environment Act 1987 to carry out those actions or works.
S. 36 substituted by No. 28/2019 s. 20.