ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 80 Grounds for making impact assessment conservation orders

ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 80

80.(1) The Minister may only make an impact assessment conservation order if
he or she reasonably believes that it is necessary to make the order on one or
more of the following grounds:

   (a)  preventing a listed native species or a listed ecological community
        from becoming further threatened with extinction as a result of the
        carrying out of particular activities; or

   (b)  preventing the recovery of a listed native species or a listed
        ecological community from being impeded by the carrying out of
        particular activities; or

   (c)  ensuring that particular activities do not have a serious adverse
        effect on the successful implementation of a recovery plan or a
        threat abatement plan; or

   (d)  ensuring that particular activities do not adversely affect a listed
        native species or listed ecological community, or habitat significant
        to the survival of a native listed species or
        listed ecological community, before an assessment can be made as to
        whether any other action should be taken under this Act to protect the
        species, community or habitat.

(2) For the purposes of paragraph (1)(d), activities affecting the habitat of
a listed native species or a listed ecological community are relevant only to
the extent that they adversely affect features of the habitat that are
significant to the survival of the species or community.