Victorian Consolidated Legislation

Flora and Fauna Guarantee Act 1988 - SECT 26

What is the order to apply to and how is it made?

26. What is the order to apply to and how is it made?



(1) The Minister may in writing make an interim conservation order to
conserve-

   (a)  the critical habitat of a listed taxon or community of flora or fauna
        on Crown land or in water under the control of the Crown; or

   (b)  the critical habitat of a taxon or community of flora or fauna which
        has been nominated for listing which is on Crown land or in water
        under the control of the Crown; or

   (c)  the critical habitat of a listed taxon of flora or fauna on private
        land or in water under private control; or

   (d)  the critical habitat of a taxon of flora or fauna which has been
        nominated for listing which is on private land or in water under
        private control.

(2) If the Minister makes an order to conserve a taxon or community of flora
or fauna which has been nominated for listing the Committee must make a final
recommendation on that nomination within 80 days of the making of the interim
conservation order and the Minister must make a decision on the recommendation
within 10 days of receiving it.

(3) If the Minister decides not to recommend a taxon or community for listing
then the order made in respect of that taxon or community is revoked.

(4) Before making an order the Minister must consult with any other Minister
whose area of responsibility is likely to be affected by the order.

(5) In making an order the Minister must consider-

   (a)  any nature conservation matters; and

   (b)  the social and economic consequences of making the order; and

   (c)  any other relevant matters.

(6) An interim conservation order has effect from the day on which it is made.