New South Wales Consolidated Acts

THREATENED SPECIES CONSERVATION ACT 1995 - SECT 49

49 Amendment or revocation of declaration of critical habitat

(1) The Minister may amend or revoke a declaration of critical habitat by a further notification published in the Gazette. However, the Minister must not amend or revoke a declaration unless the Minister has obtained from, and considered, the advice of the Director-General.

(2) Before providing advice about a proposed amendment or revocation, the Director-General must:

(a) consult the Scientific Committee concerning the proposed amendment or revocation and have regard to its advice, and

(b) give and publish notice of the proposed amendment or revocation as if it were a recommendation referred to in section 41, and consider all written submissions concerning the proposed amendment or revocation that are received on or before the date specified in the notice.

(3) If a declaration is amended or revoked by the Minister, the Director-General must:

(a) give notice of the amendment or revocation to:

(i) those persons who were given notice of the making of the declaration and who retain the requisite interest in the land, and

(ii) any other person known by the Director-General, following the making of reasonable searches and inquiries, to have become a landholder, public authority exercising relevant functions in relation to the land, mortgagee, chargee or person entitled to the benefit of a positive covenant in the land after notice of the making of the declaration was given, and

(b) publish notice of the amendment or revocation in the Gazette.

(4) A notice under subsection (3) must give the reasons for the amendment or revocation of the declaration.