New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 220R

220R Publication of preliminary identification and consultation with other Ministers

(1) After making a preliminary identification of critical habitat, the Minister must:

(a) give details of the preliminary identification to the Fisheries Scientific Committee, and

(b) give a copy of the notice of the preliminary identification that is required to be published under section 284 to all affected persons, and

(c) give the public an opportunity to make submissions about the preliminary identification.

Note: Section 284 regulates the public consultation procedure. It requires copies of the preliminary identification to be publicly exhibited and a period of at least 30 days provided for public comment.

(2) If a submission from a public authority indicates that the declaration of the area concerned as critical habitat is likely to affect the exercise of functions by the public authority, the Minister is to consult with the responsible Minister for the public authority before making a decision on the matter.

(3) For the purposes of this Division, an "affected person" is any of the following persons who (to the knowledge of the Minister after the making of reasonable searches and inquiries) would be affected by the declaration of critical habitat:

(a) landholders (including public authorities who are landholders) of the land concerned,

(b) other public authorities known to the Minister to exercise relevant functions in relation to the land concerned,

(c) if the land concerned is subject to a mortgage, charge or positive covenant-the mortgagee, chargee or person entitled to the benefit of the covenant,

(d) holders of leases and other interests granted by the Crown over the land concerned.