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Contents (1995 - 101)
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Threatened Species Conservation Act 1995 No 101
Current version for 14 July 2017 to date (accessed 23 August 2017 at 02:57)
Part 10 Section 146
146   Decision not to disclose location of critical habitat
(1)  The Chief Executive may, by notice in writing, determine that any matter in any document in the possession of the National Parks and Wildlife Service that may identify the location of critical habitat or any area or areas of land proposed to be identified as critical habitat should not be disclosed to the public.
(1A)  Despite the other provisions of this Act, the Chief Executive may decline:
(a)  to give public notice (by publication in a newspaper or in the Gazette) of a proposal (or amended proposal) to identify an area or areas of land as critical habitat, the approval of such a proposal, a declaration of critical habitat or the amendment or revocation of such a declaration, and
(b)  to serve a copy of a map of critical habitat on any one or more of the persons or bodies referred to in section 54 (Maps of critical habitat to be served), and
(c)  to include a copy of a declaration of critical habitat or a map of critical habitat in the register kept under section 55 (Chief Executive to keep register of critical habitat).
(2)  The Chief Executive may exercise a function under subsection (1) or (1A) only if:
(a)  the Chief Executive is of the opinion that:
(i)  not to exercise the function would be likely to expose the critical habitat (or the proposed critical habitat) and the endangered or critically endangered species, population or ecological community that occupies it to a significant threat, and
(ii)  the public interest requires the function to be exercised, and
(b)  each landholder of land concerned has requested or is agreeable to the exercise of the function.
(3)  Nothing in this section prevents the Chief Executive from disclosing the location of critical habitat to:
(a)  landholders or other persons having any legal or equitable estate, interest, easement, servitude, privilege or right in or over the land, or
(b)  public authorities exercising functions in relation to the land, or
(c)  any other person entitled by or under this or any other Act or law to notice of the declaration of critical habitat or the existence of interests in or proposals affecting the land.
Note.
 Matter that is the subject of a determination referred to in subsection (1) is information for which there is a conclusive presumption of an overriding public interest against disclosure under the Government Information (Public Access) Act 2009.