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THREATENED SPECIES PROTECTION ACT 1995 - SECT 32 Power of Minister to make interim protection orders

THREATENED SPECIES PROTECTION ACT 1995 - SECT 32

PART 4 - Interim Protection Orders Power of Minister to make interim protection orders

(1)  The Minister may make an interim protection order to conserve the habitat, or part of the habitat, of a listed taxon of flora or fauna or a nominated taxon of flora or fauna which has been accepted by SAC for listing and which in either case is on–
(a) private land; or
(b) Crown land and not subject to a public authority agreement.
(2)  The powers conferred by subsection (1) extend to the making of an interim protection order relating to acts done or omitted to be done outside the critical habitat of a listed taxon which threaten that taxon.
(3)  In making an interim protection order the Minister must consider –
(a) matters relating to nature conservation; and
(b) the social and economic consequences of making the order; and
(c) if the order relates to private land, any comments made by CRC; and
(d) any other relevant matters.
(4)  On making an interim protection order the Minister must provide CRC with a copy of the order.
(5)  An interim protection order may have effect from the day on which it is made or any later day.
(6)  An interim protection order ceases to be in force after –
(a) if the order relates to Crown land, a period of 65 business days; or
(b) if the order relates to private land, a period of 30 business days.
(7)  The Secretary may recommend to the Minister that an amendment be made to the order and, if the Minister makes the amendment, the Secretary must give notice of that amendment to–
(a) the person to whom the original notice was given; and
(b) any other person to whom, before the making of the amendment, notice had been given about the order.
(8)  The Minister may, with the agreement of all persons affected by an interim protection order, extend the period during which the order is in force.