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Contents (1995 - 101)
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Threatened Species Conservation Act 1995 No 101
Current version for 26 May 2017 to date (accessed 30 June 2017 at 01:51)
Part 6 Division 3
Division 3 Exceptions to licensing requirements
113A   Regulations
(1)  The regulations may provide that development or an activity of a specified type constitutes, or does not constitute, development that is likely to significantly affect threatened species, populations or ecological communities, or their habitats.
(2)  Any such regulations have effect (despite the provisions of this Act or any other Act) for the purposes of the operation of:
(a)  Part 6 (Licensing) of this Act, and
(b)  Parts 4 and 5 of the Planning Act (including the operation of those Parts as applying under any other Act).
Note.
 Exceptions for the carrying out of routine agricultural management activities are provided for in section 118G of the National Parks and Wildlife Act 1974.
(3)  A regulation that provides that development or an activity of a specified type does not constitute development that is likely to significantly affect threatened species, populations or ecological communities, or their habitats, is not to be made unless the Minister has certified in writing that the development or activity is of minimal environmental impact on threatened species, populations and ecological communities, and their habitats.
113B   Property management plans
(1)  The Chief Executive may, for the purposes of this Act, approve of a property management plan for land prepared by a landholder.
(2)  In determining whether to approve a property management plan, the Chief Executive must take into account such matters as may be prescribed by the regulations.
(3)  The Minister is to endeavour to ensure that regulations are made for the purposes of subsection (2) within 6 months after the commencement of that subsection.
(4)  Any action identified in, and carried out in accordance with, a property management plan so approved by the Chief Executive does not require a licence under this Part even if the action is an action, or of a class of actions, that may, in accordance with the regulations, be carried out only under the authority of a licence under this Part.
(5)  Without limiting subsection (4), a property management plan may include provisions that authorise persons other than the landholder to take any action on or in respect of land. For example, provisions that authorise Aboriginal persons to harm animals or pick plants on the land that is the subject of the property management plan may be included.
(6)  It is a defence to a prosecution for an offence under Part 8A of the National Parks and Wildlife Act 1974 if the accused proves that the action constituting the alleged offence was identified in, and carried out in accordance with, a property management plan approved by the Chief Executive for the purposes of this Act.
(7)  Nothing in this section prevents the Chief Executive from granting a licence under this Part to a landholder or to any other person to authorise the person to take any action referred to in section 91 (1).
(8)  For the avoidance of doubt, it is declared that the Chief Executive is not a determining authority for the purposes of Part 5 of the Planning Act when approving a property management plan.