ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 58 Limitations on the power to make interim conservation orders

ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 58

58.(1) The Minister must not make an interim conservation order in relation to
a matter at a particular time if, at that time, the Minister has the power
under Division 3 to make an impact assessment conservation order in relation
to the matter that comes into force immediately after it is made.

(2) The Minister may make an interim conservation order that prohibits,
restricts or imposes requirements on an activity that is carried out, or
proposed to be carried out, primarily for a commercial purpose only if:

   (a)  the Minister has given notice of:

        (i)    his or her intention to make the order; and

        (ii)   the prohibitions, restrictions or requirements in question; to
               each other Minister whose areas of responsibility include a
               matter that would be affected by such an order; and

   (b)  subsection (3) does not apply.

(3) This subsection applies if:

   (a)  a Minister so notified, or another Commonwealth agency, has the power
        to prohibit, restrict or impose requirements on the activity or
        proposed activity:

        (i)    within 24 hours of that Minister being so notified; and

        (ii)   to the extent specified under subparagraph (2)(a)(ii); and

   (b)  within the 24 hours:

        (i)    that Minister or the other Commonwealth agency exercises the
               power (whether to the same extent, or to a greater or lesser
               extent, than the extent specified under subparagraph
               (2)(a)(ii)), or reaches a decision not to exercise the power;
               and

        (ii)   that Minister notifies the Minister administering this Act that
               the power has been exercised or the decision has been reached.

(4) For the purposes of subsection (2), the commercial purposes referred to in
that subsection need not be the commercial purposes of the person carrying
out, or proposing to carry out, the activity in question.