Victorian Current Acts Victorian Current Acts(1) The Governor in Council, on the recommendation of the Minister, may by Order published in the Government Gazette authorise the taking (other than for the purpose of controlling), trading in, keeping, moving or processing of protected flora subject to the terms and conditions fixed by the Governor in Council in the Order.
(2) In deciding whether or not to recommend that an Order be made under this section the Minister must take into account the prescribed criteria for making that decision.
(3) The Minister must not recommend that an Order be made under this section in relation to protected flora if in the opinion of the Minister to do so would threaten the conservation of the taxon of flora or any community of flora or fauna of which the protected flora is a member or part.
(4) Before an Order is made under this section, the Minister must ensure that a draft of the proposed Order is published on the Internet together with a statement that submissions may be made on the proposed Order to the Minister within 30 days after publication of the draft.
(5) Any person may make a submission on the proposed Order within 30 days of the publication of the draft of the proposed Order under subsection (4).
(6) The Minister must consider any submissions made on the proposed Order received within the 30-day period before the Order is made with or without changes.
(7) An Order under this section remains in force for the period specified in the Order which must not exceed 10 years after the Order takes effect.
S. 48B inserted by No. 28/2019 s. 23.