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Contents (1974 - 80)
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National Parks and Wildlife Act 1974 No 80
Current version for 26 October 2018 to date (accessed 20 November 2019 at 00:43)
Part 6A Division 1
Division 1 Stop work orders
91AA   Chief Executive may make stop work order
(1)  If the Chief Executive is of the opinion that any action is being, or is about to be, carried out that is likely to significantly affect:
(a)  protected fauna or native plants or their environment, or
(b)  an Aboriginal object or Aboriginal place, or
(c)  any other item of cultural heritage situated on land reserved under this Act,
the Chief Executive may order that the action is to cease and that no action, other than such action as may be specified in the order, is to be carried out with respect to that environment or in the vicinity of those items within a period of 40 days after the date of the order.
(1A)  After the commencement of Part 11 of the Biodiversity Conservation Act 2016, an order under this section may not be made in relation to protected fauna or native plants or their environment.
(2)  An order takes effect on and from the date on which:
(a)  a copy of the order is affixed in a conspicuous place in the environment or place the subject of the order, or
(b)  the person performing or about to perform the action is notified that the order has been made,
whichever is the sooner.
(3)  This section does not apply in relation to anything authorised to be done by or under:
(a)  a licence granted under this Act or the Threatened Species Conservation Act 1995, or
(b)  the State Emergency and Rescue Management Act 1989 that is reasonably necessary in order to avoid a threat to life or property.
(3A)  This section does not apply in relation to any thing authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.
(4)  This section does not apply in relation to anything that is essential for the carrying out of:
(a)  development in accordance with a development consent within the meaning of the Environmental Planning and Assessment Act 1979, or
(b)  an activity by a determining authority within the meaning of Part 5 of that Act if the determining authority has complied with that Part, or
(c)  an activity in accordance with an approval of a determining authority within the meaning of Part 5 of that Act if the determining authority has complied with that Part, or
(d)  a project approved under Part 3A of the Environmental Planning and Assessment Act 1979, or
(e)  State significant infrastructure approved under Part 5.1 of the Environmental Planning and Assessment Act 1979.
(5)  In this Division, a reference to action being, or about to be, carried out includes a reference to action that should be, but is not being, carried out and an order under this Division may be modified accordingly.
(6)  A person must not:
(a)  contravene an order under this section, or
(b)  cause or permit another person to contravene such an order.
Maximum penalty (subsection (6)):
(a)  in the case of a corporation—10,000 penalty units and, in the case of a continuing offence, a further penalty of 1,000 penalty units for each day the offence continues, or
(b)  in the case of an individual—1,000 penalty units and, in the case of a continuing offence, a further penalty of 100 penalty units for each day the offence continues.
Note.
 An offence against subsection (6) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 175B.
91BB   Prior notification of making of stop work order not required
The Chief Executive is not required, before making an order under this Division, to notify any person who may be affected by the order.
91CC   Appeal to Minister
(1)  A person against whom an order is made under this Division may appeal to the Minister against the making of the order.
(2)  After hearing an appeal, the Minister may:
(a)  confirm the order, or
(b)  modify or rescind the order, but only if this is consistent with the principles of ecologically sustainable development (as described in section 6 (2) of the Protection of the Environment Administration Act 1991).
91DD   Extension of stop work order
The Chief Executive may extend an order under this Division for such further period or periods of 40 days as the Chief Executive thinks fit.
91EE   Consultation about modification of proposed detrimental action
(1)  After making an order under this Division, the Chief Executive must immediately consult with the person proposing to perform the action to determine whether any modification of the action may be sufficient to protect the environment of any protected fauna or native plants.
(2)  If, in the opinion of the Chief Executive, satisfactory arrangements cannot be made to protect the environment that is the subject of an order under this Division, the Chief Executive must recommend the making of an interim protection order under Division 2.
(3)  The Chief Executive must not recommend the making of an interim protection order in relation to anything that is authorised to be done by or under an authority referred to in section 91AA (3) or that is essential for a purpose referred to in section 91AA (4).
91FF   Order prevails over other instruments
(1)  If an order under this Division is in force in relation to an environment, an approval, notice or order (whether made or issued before or after the order pursuant to this Division) under any other Act that requires or permits the environment to be significantly affected is inoperative to the extent of the inconsistency with the order.
(2)  This section has effect whether the approval, notice, order or other instrument concerned was made before or after the making of the order under this Division.