Victorian Consolidated Legislation

Flora and Fauna Guarantee Act 1988 - SECT 35

Notice to persons acting outside the critical habitat

35. Notice to persons acting outside the critical habitat



(1) At any time during the operation of an interim conservation order the
Secretary may give notice of the making of the order to any person carrying on
an activity or process outside the critical habitat which is the subject of
the order and which is likely to detrimentally affect the critical habitat.

(2) A notice must-

   (a)  be given in accordance with the regulations; and





   (b)  state the date by which submissions must be made to the Secretary
        which must be at least 30 days after the day on which the notice is
        given to the person.

(3) If the person upon whom the notice has been given wishes to object to the
terms of the order that person may make a submission to the Secretary within
the time fixed in the notice.

(4) Before making a recommendation the Secretary must consider all submissions
made within the time fixed in the notice and may consult with any other
person.

(5) The Secretary may recommend to the Minister that an amendment be made to
the order.



(6) If the Minister makes an amendment to the order as the result of a
recommendation made by the Secretary under this section, the Secretary must
give notice of the making of that amendment to the person to whom the original
notice was given and to any other person to whom, before the making of the
amendment, notice had been given about the order.