Victorian Consolidated Legislation

Flora and Fauna Guarantee Act 1988 - SECT 20

Determination of critical habitats

20. Determination of critical habitats



(1) The Secretary may determine that the whole or any part or parts of the
habitat of any taxon or community of flora or fauna is critical to the
survival of that taxon or community.



(2) The Secretary must-

   (a)  advertise the determination in a newspaper circulating generally
        throughout the State and in a newspaper circulating generally in the
        area likely to be affected by the determination; and

   (b)  notify those persons listed in section 37; and

   (c)  notify any landholder or water manager who manages land or water
        likely to be affected by the determination; and

   (d)  publish notice of the determination in the Government Gazette.

(3) The Secretary need not comply with subsection (2)(a) if-



   (a)  the Secretary is of the opinion that to disclose the location of the
        habitat would result in an unreasonable level of harm being done to it
        and to the flora and fauna which it supports and the Minister has
        approved of the Secretary's decision; or

   (b)  the landholder requests that the information be withheld and the
        Minister approves the withholding of the information.

(4) The Secretary may amend or revoke a determination.



(5) Upon amending or revoking a determination the Secretary must notify those
persons who were given notice of the making of the determination and publish
notice in the Government Gazette.





Division 3-Flora and fauna management plans