New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 36A

36A Community land comprising the habitat of endangered species

(1) In this section:
"critical habitat" means:

(a) an area declared to be critical habitat under the Threatened Species Conservation Act 1995 , or

(b) an area declared to be critical habitat under Part 7A of the Fisheries Management Act 1994 .

"relevant Director" means:

(a) in relation to critical habitat being an area declared to be critical habitat under the Threatened Species Conservation Act 1995 , the Director-General of National Parks and Wildlife, and

(b) in relation to critical habitat being an area declared to be critical habitat under Part 7A of the Fisheries Management Act 1994 , the Director of NSW Fisheries.

(2) A plan of management adopted in respect of an area of community land, all or part of which consists of critical habitat, is to apply to that area only, and not to other areas of land.

(3) A plan of management to be adopted for an area of community land, all or part of which consists of critical habitat:

(a) must, subject to any decision of the Director-General of National Parks and Wildlife under section 146 of the Threatened Species Conservation Act 1995 or any decision of the Director of Fisheries under section 220Y of the Fisheries Management Act 1994 , state that the land, or the relevant part, is critical habitat, and

(b) must, in complying with section 36 (3) (a), categorise the land, or the relevant part, as a natural area, and

(c) must, in complying with section 36 (3) (b), (c) and (d), identify objectives, performance targets and other matters that:

(i) take account of the existence of the critical habitat, and

(ii) are consistent with the objects of the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994 , as the case requires, and

(iii) incorporate the core objectives prescribed under section 36 in respect of community land categorised as a natural area, and

(d) must:

(i) when public notice is given of the draft plan under section 38, be sent (or a copy must be sent) by the council to the relevant Director, and

(ii) incorporate any matter specified by the relevant Director in relation to the land, or the relevant part.

(4) If, after the adoption of a plan of management applying to just one area of community land, all or part of that area becomes critical habitat:

(a) the plan of management is taken to be amended, as from the date the declaration took effect, to categorise the land or the relevant part as a natural area, and

(b) the council must amend the plan of management (and, in doing so, the provisions of subsection (3) (a), (c) and (d) apply to the amendment of the plan of management in the same way as they apply to the adoption of a plan of management), and

(c) until the plan of management has been amended as required by paragraph (b):

(i) the use of the land must not be varied, except to the extent necessary to further the objects of the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994 , as the case requires, or in order to give effect to the core objectives prescribed under section 36 in respect of community land categorised as a natural area, or to terminate the use, and

(ii) no lease, licence or other estate may be granted in respect of the land.

(5) If, after the adoption of a plan of management applying to several areas of community land, all or part of one of those areas becomes critical habitat:

(a) the plan of management ceases, as from the date the declaration took effect, to apply to that area, and

(b) a plan of management must be prepared and adopted by the council for that area, and

(c) the plan of management so prepared and adopted must comply with subsection (3).