Victorian Consolidated Legislation

Flora and Fauna Guarantee Act 1988 - SECT 33

Amendment of a confirmed order

33. Amendment of a confirmed order



(1) The Minister may amend a confirmed interim conservation order at any time.

(2) Before amending a confirmed order the Minister must prepare a draft
amendment.

(3) The Secretary must give notice of the draft amendment to all persons who
were given notice under section 28 and must publish notice of the draft
amendment in the Government Gazette and in a newspaper circulating generally
throughout the State and in a newspaper circulating generally in the area to
which the order applies.





(4) A notice must-

   (a)  be in the prescribed form; and

   (b)  state the date by which submissions must be made to the Secretary,
        which must be at least 30 days after the date on which the notice is
        published; and

   (c)  specify the manner in which submissions must be made; and

   (d)  fix a time and place at which a copy of the draft amendment will be
        available for inspection.

(5) Any person may make submissions to the Secretary about a draft amendment.



(6) The Secretary must consider all submissions made within the time set out
in the notice.



(7) The Secretary may consider a late submission and must consider one if the
Minister so directs.



(8) After considering all the submissions, the Secretary may recommend to the
Minister that the confirmed order be amended.

(9) The Minister must not amend a confirmed order without considering the
recommendation of the Secretary.

(10) If the Minister has made an amendment to a confirmed order the Secretary
must-

   (a)  give notice that the Minister has made an amendment to a confirmed
        order to all landholders of land or managers of water affected by the
        order; and

   (b)  publish notice of the making of the amendment in the Government
        Gazette and in a newspaper circulating generally throughout the State
        and in a newspaper circulating generally in the area to which the
        order applies.