FISHERIES MANAGEMENT ACT 1994 - SECT 220Y Discretion not to disclose location of critical habitat

FISHERIES MANAGEMENT ACT 1994 - SECT 220Y

220Y Discretion not to disclose location of critical habitat

(1) Despite the other provisions of this Division, the Minister may decline to disclose the precise location of critical habitat (or proposed critical habitat) in accordance with this Division to the public or to any class of affected persons. This subsection extends to the notification of a preliminary identification of critical habitat, the declaration of critical habitat, any public or other notice of any such declaration, the service of a copy of any map or the keeping of any register under this Division.

(2) The Minister may decline to disclose the precise location of critical habitat (or proposed critical habitat) only if the Minister is satisfied that--

(a) the disclosure would be likely to expose the habitat and the endangered species, population or ecological community or critically endangered species or ecological community that occupies it to a significant threat, and

(b) each landholder of land concerned agrees that the precise location should not be disclosed, and

(c) it is in the public interest that the precise location should not be disclosed.

(3) This section does not prevent the Minister from disclosing the precise location of critical habitat (or proposed critical habitat) to particular persons, including--

(a) landholders or other persons having an interest in, or in lawful uses of, the land, or

(b) public authorities exercising functions in relation to the land, or

(c) persons entitled by law to notice of the existence of interests in or proposals affecting the land.