Victorian Consolidated Legislation

Flora and Fauna Guarantee Act 1988 - SECT 5

Flora and fauna which are excluded from the Act

5. Flora and fauna which are excluded from the Act



(1) The Governor in Council may, on the recommendation of the Minister, and by
Order published in the Government Gazette specify, in a list, a taxon, the
members of which constitute a serious threat to human welfare, and may amend
the list or repeal the whole or any part of the list.

(2) The Minister may make a recommendation under subsection (1) only after
considering a recommendation of the Committee.

(3) If the Committee proposes to make a recommendation to the Minister it must
advertise the proposed recommendation and the reasons for it in the Government
Gazette and in a newspaper circulating generally throughout the State.

(4) After advertising its preliminary recommendation the Committee must allow
at least 30 days to elapse for public comment to be made and must consider any
public comments which are made during that time before making its
recommendation.





(5) After considering the Committee's recommendation the Minister may decide
whether or not to recommend to the Governor in Council that the addition,
amendment or repeal be made and the Minister must publish reasons for that
decision in the Government Gazette and in a newspaper circulating generally
throughout the State.